MINING  LAWS 


OF  THE 


STATE  OF  MONTANA 


COMPILED  FROM 


m us; 


JTV 


THE  REVISED  CODES  OF  1907 


AND 


SESSION  LAWS  OF  1909 


Compiled  at  the  Office  of  the  Inspector  of  Mines 


MINING  DEPARTMENT 

WM.  WALSH,  Mine  Inspector  WM.  OREM,  Deputy  Inspector 

COAL  MINING  DEPARTMENT 
JOSEPH  B.  McDERMOTT,  Coal  Mine  Inspector 


Independent  Publishing  Company 
1910 


COMPLIMENTS  OP 

JOSEPH  B.  McDEKMOTT 

otate  Coal  Mine  Inspector,, 

Helena,  Montana. 


MINING  LAWS 


LIBRARY 
OF  THE 

HNIVERSITY  OF  ILLINOIS 


OF  THE 


STATE  OF  MONTANA 


I HE  LIBRARY  OF  V'Z 

COMPILED  FROM 

HJL  2 8 1339 

DIVERSITY  OF  ILLINOIS 

THE  REVISED  CODES  OF  1907 


AND 


SESSION  LAWS  OF  1909 


Compiled  at  the  Office  of  the  Inspector  of  Mines 


MINING  DEPARTMENT 

WM.  WALSH,  Mine  Inspector  WM,  OREM,  Deputy  Inspector 

COAL  MINING  DEPARTMENT 
JOSEPH  B.  McDERMOTT,  Coal  Mine  Inspector 


Independent  Publishing  Company 


Division 

Division 

Division 

Division 


TABLE  OF  CONTENTS. 

(See,  also,  Index  at  end  of  Pamphlet.) 

I.  Laws  Relating  to  Metalliferous  Mining. 

II.  Laws  Relating  to  Coal  Mining. 

III.  Laws  Applicable  to  Both  Quartz  and  Coal  Min- 

ing. 

IV.  Miscellaneous  Provisions. 


DIVISION  I. 


a ct 


LAWS  RELATING  TO  METALLIFEROUS  MINES. 


Chapter  I. 

Inspector  of  Mines. 

(Revised  Codes,  Part  III,  Title  VII,  Chapter  II.) 
Article  III. 


Section  1711. 

1712. 

1713. 

1714. 

1715. 

1716. 

1717. 

1718. 

1719. 

1720. 

1721. 


Inspector  of  Mines — Appointment — Salary. 

Deputy  Inspector — Appointment — Qualifications — Salary. 
Duties  of  Inspector — Annual  Inspection. 

Complaints — Duties  of  Inspector. 

Complaints — Notice  to  Owner. 

Annual  Inspection. 

Investigation  After  Accidents. 

Bond. 

Annual  Report. 

To  What  Mines  Act  Applicable. 

Penalties. 


Section  1711.  Inspector  of  Mines — Appointment — Salary. 

The  Governor,  by  and  with  the  advice  and  consent  of  the 
Senate,  must  appoint  an  Inspector  of  Mines,  who  shall  be  at 
least  thirty  years  of  age,  a resident  of  Montana  at  least  one 
year,  who  shlall  be  theoretically  and  practically  acquainted 
with  mines  and  mining  in  all  its  branches,  and  he  shall  hold 
his  office  for  four  years  unless  sooner  removed  by  the  Governor. 
No  person  shall  hold  the  position  of  Inspector  of  Mines  while 
an  employee  or  officer  of  any  mining  company  or  corporation. 
The  Inspector  of  Mines  must  devote  his  entire  time  to  the 
duties  of  his  office,  and  his  salary  is  two>  thousand  five  hundred 
dollars  per  annum.  (Laws  of  1909,  Chapter  71,  p.  94.) 

Section  1712.  Deputy  Inspector — Appointment — Qualifica- 
tions— Salary.  The  Governor  by  and  with  the  consent  of  the 
Senate  must  appoint  a Deputy  Inspector  of  Mines  who  shall 
possess  like  qualifications  to  those  required  of  the  Inspector 
of  Mines,  who  shall  hold  his  office  for  four  years  unless  sooner 
removed  by  the  Governor.  No  person  shall  hold  the  office  of 
Deputy  Inspector  of  Mines  while  an  employee  or  officer  of 
any  mining  company  or  corporation.  The  Deputy  Inspector 


4 


MINING  LAWS 


of  Mines  must  devote  his  entire  time  to  the  duties  of  his  office 
under  supervision  and  direction  of  the  Inspector  of  Mines,  and 
his  annuay  salary  is  one  thousand  eight  hundred  dollars  per 
annum.  (Laws  of  1909,  Chapter  71,  p.  94). 

Section  1713.  Duties  of  Mine  Inspector — Annual  Inspection. 

It  is  the  duty  of  the  Inspector  of  Mines  by  himself  or  deputy 
to  visit  every  mine  in  the  State,  once  every  year  and  inspect 
its  workings,  timbering,  ventilation,  means  of  ingress  and  egress, , 
and  the  means  adopted  and  in  use  for  the  preservation  of  the 
lives -and  safety  of  the  miners  employed  therein.  For  this  pur- 
pose the  inspector  ia.nd  his  deputy  at  all  times  shall  have  access 
to  any  mine  and  all  parts  thereof.  All  mine  owners,  lessees, 
operators  or  superintendents  must  render  such  assistance  as 
may  be  necessary  to  enable  the  inspector  or  his  deputy  to  make 
the  examination.  When  upon  such  inspection  any  mine  or 
portion  thereof  is  found  to  be  in  an  unsafe  condition,  the 
inspector  shall  at  once  serve  a notice  in  writing  upon  the  owner, 
lessor,  lessee,  agent,  manager  or  superintendent  thereof  setting 
forth  the  nature  of  the  defects  which  render  such  mine  unsafe 
and  the  point  or  place  in  such  mine  where  such  defects  exist, 
and  requiring  the  repairs  necessary  to  remedy  such  defects  to 
be  made  within  a specified  time,  and,  if  in  his  judgment  the 
circumstances  so  require,  he  shall  forbid  the  operation  of  such 
mine  or  portion  thereof  as  has  been  declared  unsafe,  save  and 
except  for  the  purpose  of  making  the  repairs  necessary  for  the 
purpose  of  remedying  such  defects  and  making  such  mine  safe 
for  the  laborers  employed  therein.  (Laws  of  1903,  Sec.  1, 
Chapter  98.) 

Section  1714.  Duty  to  Inspect  Mines  Upon  Complaint. 

Whenever  the  Inspector  of  Mines  receives  a complaint  in  writ- 
ing signed  by  one  or  more  parties  setting  forth  that  the  mine 
in  which  he  or  they  are  working  is  dangerous  in  any  respect, 
he  or  the  deputy  inspector  must  in  person  visit  and  examine 
such  mine.  Every  complaint  must  set  forth  the  nature  of  the 
danger  existing  at  the  mine  and  the  time  the  cause  of  such 
danger  was  first  observed.  (Laws  of  1903,  Sec.  2,  Chapter  98.) 

Section  1715.  Notice  to  Owner  of  Defects.  After  such  com- 
plaint has  been  received  by  the  Inspector  of  Mines,  he 
must,  as  soon  as  possible,  visit  such  mine ; and  if  from  such 
examination  he  ascertains  that  the  mine  is  from  any  cause 


STATE  OF  MONTANA. 


in  a dangerous  condition,  he  must  at  once  notify  the  owner, 
lessor,  or  agent  thereof,  such  notice  to  be  in  writing, 
and  to  be  served  by  copy  on  such  owner,  lessor,  lessee  or  agent, 
in  the  same  manner  as  provided  by  law  for  the  serving  of  legal 
process,  and  the  notice  must  state  fully  and  in  detail  in  what 
particular  manner  such  mine  is  dangerous  or  insecure,  and 
require  all  necessary  changes  to  be  made  without  delay,  for 
the  purpose  of  making  such  mine  safe  for  the  laborers  employed 
therein ; and  in  any  criminal  or  civil  procedure  at  law 
against  the  party  or  parties  so  notified,  on  account  of  loss  of 
life  or  bodily  injury  sustained  by  an  employee  subsequent  to 
such  notice  and  in  consequence  of  a neglect  to  obey  the  inspec- 
tor’s requirements,  a certified  copy  of  the  notice  served  by  the 
inspector  is  prima  facie  evidence  of  the  gross  negligence  of  the 
party  or  parties  so  complained  of.  If  the  owner,  lessor,  lessee 
or  agent  of  any  such  mine  shall  neglect  or  refuse  to  obey  or 
comply  with  the  instructions  of  this  inspector  as  contained  in 
such  notice,  or  shall  neglect  or  refuse  to  cause  the  repairs 
necessary  to  remedy  such  defect  to  be  made  within  a reason- 
able time,  or  shall  refuse  to  cause  work  to  be  stopped  when 
so  ordered,  such  party  or  parties  so  refusing  may  be  prose- 
cuted criminally  by  the  inspector.  (Laws  of  1903,  Sec.  3,  Chap- 
ter 98.)  I 

Section  1716.  Annual  Inspection — Report.  It  is  the  duty  of 
the  Inspector  of  Mines,  at  least  once  in  each  year,  either  in 
person  or  by  deputy  inspector,  to  visit  each  mining  county  in 
the  State,  and  examine  as  many  of  the  mines  in  the  different 
counties  as  practicable,  and  make  such  recommendations  as 
in  his  judgment  are  necessary  to  insure  the  safety  of  the  work- 
men employed  therein,  and  whenever  from  his  examination, 
he  finds  any  mine  to  be  in  an  unsafe  condition,  he  shall  at  once 
serve  a notice  upon  the  owner,  lessor,  lessee,  or  agent  thereof, 
and  if  such  owner,  lessor,  lessee  or  agent  fails  to  comply  with 
such  notice,  he  may  prosecute  them  or  any  of  them  as  provided 
in  the  next  preceding  section.  (Laws  of  19Q3,  Sec.  4,  Chapter 
98.) 

Section  1717.  Investigation  After  Accidents.  Whenever  a 
serious  or  fatal  accident  occurs  in  any  mine  it  is  the  duty  of 
the  person  in  charge  thereof  to  immediately  notify  the  Inspector 
of  Mines  or  the  deputy  inspector,  and  upon  receiving  such 


6 


MINING  LAWS 


notice  the  inspector  in  person  or  the  deputy  inspector  must  at 
once  repair  to  the  place  of  accident,  and  investigate  fully  the 
cause  of  such  accident,  and  whenever  possible  to  do  so,  the 
inspector  or  deputy  inspector  shall  be  present  at  the  coroner’s 
inquest  held  over  the  remains  of  the  person  or  persons  killed 
by  such  accident,  and  testify  as  to  the  cause  thereof,  and  state 
whether,  in  his  opinion,  the  accident  was  due  to  the  negligence 
or  mismanagement  of  the  owner  or  person  in  charge.  If  the 
inspector  or  deputy  inspector  can  not  be  immediately  present 
in  case  of  a fatal  or  serious  accident  occurring,  it  is  the  duty 
of  the  owner  or  person  in  charge  of  the  mine  to  have  written 
statements  made  by  those  witnessing  the  same,  and  duly  sworn 
to.  In  case  no  person  was  present  at  the  time  of  the  accident,  then 
the  verified  statement  of  those  first  present  after  the  accident 
must  be  taken,  and  such  statement  must  be  given  to  the  inspec- 
tor or  the  deputy  inspector.  If  after  making  such  investigation 
the  inspector  deems  the  facts  warrant  it,  he  may  prosecute 
criminally  the  owner,  lessor,  lessee,  or  agent  of  the  mine  in 
which  such  accident  occurred.  (Laws  of  1903,  Sec.  5,  Chapter 

98.) 

(Note:  See  opinion  of  Attorney  General  page  75.) 

Section  1718.  Bond  of  Inspector.  The  Inspector  of  Mines 
must  execute  an  official  bond  in  the  sum  of  five  thousand  dollars, 
and  the  deputy  inspector  must  execute  an  official  bond  in  the 
sum  of  twenty-five  hundred  dollars. 

Section  1719.  Annual  Report.  The  Inspector  of  Mines  must 
make  an  annual  report  to  the  Governor  on  the  first  Monday 
of  November,  and  in  the  report  must  state  all  the  accidents 
that  have  occurred  in  the  mines  of  the  State  which  have  occa- 
sioned serious  injury  or  resulted  fatally,  together  with  the 
nature  and  cause  of  such  accidents.  Such  report  must  also 
contain  statistical  and  other  information  which  may  tend  to 
promote  the  development  of  the  mineral  resources  of  the  State, 
and  must  set  forth  the  result  of  the  inspector’s  labors. 

Section  1720.  To  What  Mines  Act  Applicable.  The  provi- 
sions of  the  Article  do  not  apply  to  mines  in  which  less  than 
five  men  are  employed.  But  all  owners,  lessors,  lesses,  agents 
or  managers  operating  any  metalliferous  mine  in  this  State 
in  which  five  or  more  men  are  employed,  shall  report  the  same 
to  the  Inspector  of  Mines,  state  the  name  of  the  mine,  the 


STATE  OF  MONTANA. 


7 


location  of  the  same,  the  name  of  the  company,  person  or 
persons  owning  or  operating  the  same,  postoffice  address  and 
number  of  men  employed.  (Laws  of  1903,  Sec.  6,  Chapter  98.) 

Section  1721.  Penalties.  All  violations  of  the  provisions  of 
this  Article  are  provided  for  in  the  Penal  Code,  Section  8563. 

Chapter  2. 

Code  of  Signals  in  Mines. 

Section  1724.  Code  of  Signals  in  Mines. 

1725.  Penalties. 

1726.  Fines  Paid  Into  School  Fund. 

Section  1724.  Code  of  Signals  in  Mines.  It  is  made  the  duty 
of  the  Inspector  of  Mines  of  Montana,  and  he  is  hereby  required 
to  prepare  a complete  code  of  signals  for  use  in  all  mines  in 
this  State,  worked  through  a shaft  of  75  feet  or  more  in  depth, 
and  employing  ten  or  more  men,  and  cause  the  same  to  be 
made  known  to  each  owner  or  operator  of  a miine  in  Montana 
by  printed  circular  instructions  to  the  end  that  a uniform  code 
of  mine  signals  may  prevail.  The  said  inspector  of  mines  of 
Montana  may  add  to  or  change  such  code  of  signals  as  circum- 
stances may  require,  but  no  change  of  signals  shall  go  into 
effect  until  a time  specified  by  him,  not  less  than  sixty  days 
nor  more  than  ninety  days  from  the  time  such  change  shall 
be  ordered  by  hint;  provided,  that  the  code  of  signals  first 
prepared  by  him  shall  be  used  in  all  said  shaft  mines  from  and 
after  June  1,  1895.  (Act  approved  March  7,  1895.) 

Section  1725.  Penalty  for  Violation  of  Act.  Any  owner  or 
operator  of  a mine  who  shall  refuse  or  neglect  to  cause  the 
signals  provided  for  in  Section  1724  of  this  Act  to  be  used  in 
his  mine  to  the  exclusion  of  all  other  signals,  shall  be  deemed 
guilty  of  a misdemeanor  and  upon  conviction  of  such  refusal 
or  neglect,  shall  be  fined  in  a sum  not  less  than  one  hundred 
dollars  nor  more  than  five  hundred  dollars,  or  by  imprisonment 
in  the  county  jail  for  a period  of  not  less  than  thirty  days  or 
more  than  ninety  days  in  the  discretion  of  the  court,  for  each 
and  every  offense.  (Act  approved  March  7,  1895.) 

Section  1726.  Fines  Paid  Into  School  Fund.  All  fines  which 
may  be  collected  under  the  provisions  of  this  Act  shall  be  paid 
into  and  form  a portion  of  the  public  school  fund  in  the  county 
in  which  conviction  takes  place.  (Act  approved  March  7,  1895.) 


8 


MINING  LAWS 


STATE  CODE  OF  MINE  SIGNALS. 

Signal  Bells. 

1 bell  hoist,  i bell  stop,  (if  in  motion.) 

2 bells  lower  men,  3 bells  hoist  men. 

4 bells  blasting  signal,  engineer  must  answer  by  raising  bucket 
a few  feet  and  letting  it  back  slowly. 

Then  1 bell  hoist  men  away  from  blast. 

5 bells  steam  on,  6 bells  steam  off. 

7 bells  air  on,  8 bells  air  off.  3-2-2  send  down  drills.  3-2-3 
send  down  picks. 

9 bells  danger  signal,  (case  of  fire  or  other  danger),  then  ring 
number  of  station  where  danger  exists.  No  person  shall  ring 
any  bell  except  the  station  tender,  except  in  case  of  danger, 
or  when  the  main  shaft  is  being  sunk.  Engineers  must  slow 
up  when  passings  stations  when  men  are  on  the  cage. 

Station  Bells. 


Bells 

Pause 

Bells 

No.  Station 

! Bells 

Pause 

Bells 

No.  Station 

2 

“ 

1 

1 

5 

“ 

1 

16 

2 

(C 

2 

2 

5 

“ 

2 

17 

2 

“ 

3 

3 

5 

“ 

O 

O 

18 

2 

“ 

4 

4 

5 

“ 

4 

19 

2 

“ 

5 

5 

5 

“ 

5 

20 

3 

“ 

1 

6 

6 

“ 

1 

21 

3 

“ 

2 

7 i 

6 

“ 

2 

22 

3 

“ 

O 

O 

8 

6 

0 

O 

23 

3 

“ 

4 

9 

6 

“ 

4 

24 

3 

“ 

5 

10 

6 

“ 

5 

25 

4 

“ 

1 

11 

7 

“ 

1 

26 

4 

“ 

2 

12 

7 

“ 

2 

27 

4 

“ 

3 

13 

7 

“ 

3 

28 

4 

u 

4 

14 

7 

“ 

4 

29 

4 

“ 

5 

15 

f 7 

** 

5 

30 

Where  electric  bells  are  used  in  connection  with  other  bells. 

If  cage  is  wanted  ring  station  signal.  Station  tender  will 
answer  1 bell. 

Reply  1 bell  to  go  up. 

Reply  2 bells  to-  go  below. 

If  station  is  full  of  ore  and  station  tender  is  wanted,  ring 
station  signal  and  do  not  answer  back. 

If  2-1-2  bells  are  rup,  engineer  or  station  tender  does  not 
understand,  repeat  signal. 

In  case  of  danger  or  accident,  ring  station  signal,  station 
tender  will  reply  1 bell,  ring  9 bells. 

One  copy  of  this  code  should  be  posted  on  the  gallows  frame, 
and  one  before  the  engineer. 


STATE  OF  MONTANA. 


9 


To  be  in  effect  from  and  after  June  ist,  1895. 

This  code  is  subject  to  change  under  certain  conditions. 

Penalty  for  Violation  of  Law  Governing  Inspector  of  Mines. 

(Revised  Codes.) 

Section  8563.  Inspection  of  Mines,  Penalties. 

Section  8563.  Every  person  who  violates  any  of  the  provi- 
sions of  Article  XIV.,  Chapter  III.,  Part  III.,  of  the  Political 
Code,  relating  to  the  inspection  of  mines,  and  every  person  who 
violates  any  of  the  provisions  of  Chapter  XXIV.,  Title  VII., 
Part  III.,  of  the  Political  Code,  relating  to  dams  and  reservoirs, 
is  guilty  of  a misdemeanor. 


Section  8536. 

8537. 

8538. 

8539. 

8540. 

8541. 

8542. 

8543. 


Chapter  3. 

Protection  to  Underground  Miners. 

(Part  I.,  Title  X.,  Revised  Codes.) 
Safety  Cages. 

Stoping  Near  Shaft. 

Running  Cage  at  Excessive  Speed. 
Maintaining  Buildings  Near  Mouth  of  Shaft. 
Violations  of  Act — Penalties. 

Escapement  Shaft. 

To  What  Mines  Act  Applicable. 

Penalties. 


Section  8536.  Safety  Cages.  It  is  unlawful  for  any  corporation 
(or  person)  to  sink  or  work,  through  any  vertical  shaft  where 
mining  cages  are  used,  to  a greater  depth  than  three  hundred  feet, 
unless  said  shaft  shall  be  provided  with  an  iron-bonneted  safety 
cage,  to  be  used  in  the  lowering  and  hoisting  of  the  employees 
thereof,  said  cage  to  be  also  provided  with  sheet  iron  or  steel 
casing  not  less  than  one-eighth  inch  in  thickness ; doors  to  be 
made  of  the  same  material  shall  be  hung  on  hinges,  or  may  be 
made  to  slide  and  shall  not  be  less  than  five  feet  high  from  the 
bottom  of  the  cage,  and  said  doors  must  be  closed  when  lowering 
or  hoisting  the  men.  Provided,  that  when  such  cage  is  used  for 
sinking  only,  it  need  not  be  equipped  with  such  doors  as  are 
hereinbefore  provided  for. 

The  safety  apparatus,  whether  consisting  of  eccentrics,  springs 
or  other  device,  must  be  securely  fastened  to  the  cage,  and 
must  be  of  sufficient  strength  to  hold  the  cage  loaded  at  any 
depth  to  which  the  shaft  may  be  sunk. 


10 


MINING  LAWS 


The  iron  bonnet  of  the  aforesaid  cage  must  be  made  of  boiler 
sheet  iron,  of  good  quality,  of  at  least  three-sixteenths  of  an 
inch  in  thickness,  and  must  cover  the  top  of  such  cage  in  such 
manner  as  to  afford  the  greatest  protection  to  life  and  limb 
from  anything  falling  down  said  shaft. 

It  shall  be  the  duty  of  the  mining  inspector  and  his  assistant 
to  see  that  all  cages  are  kept  in  compliance  with  this  section 
and  to  also  see  that  the  safety  dogs  are  kept  in  good  order. 

Every  person  or  corporation  failing  to  comply  with  any  of 
the  provisions  of  this  section  is  punishable  by  a fine  of  not  less 
than  three  hundred  dollars,  nor  more  than  one  thousand  dollars. 
(Laws  of  1903,  Chapter  60.) 

Section  8537.  Stoping  Near  Shaft.  It  is  unlawful  for  any 
corporation  or  person  operating  any  mine  in  this  State  worked 
through  a vertical  or  incline  shaft  to  stope  within  a less  distance 
than  twenty-five  (25)  feet  of  the  said  shaft  when  other  work 
is  being  carried  on  below  said  stoping.  (Laws  of  1903,  Chapter 
82.) 

Section  8538.  Running  Cage  at  Excessive  Speed.  It  is  un- 
lawful for  any  person  or  corporation  operating  any  mine  in 
this  State  worked  through  a vertical  or  incline  shaft,  where  a 
cage  or  other  device  is  used  for  the  purpose  of  hoisting  or 
lowering  men  to  run  such  cage  when  men  are  upon  the  same 
at  a greater  rate  of  speed  than  eight  hundred  (800)  feet  per 
minute.  (Laws  of  1903,  Chapter  82.) 

Section  8539.  Maintaining  Buildings  Near  Mouth  of  Shaft. 
It  is  unlawful  for  any  person,  company  or  corporation  to  erect 
or  maintain  any  building  or  inclosure,  used  for  a blacksmith 
shop  or  drying  room  within  a distance  of  fifty  (50)  feet  of  the 
mouth  of  any  tunnel  or  shaft,  unless  the  same  be  fire-proof  in  its 
construction.  (Laws  of  1903,  Chapter  82.) 

Section  S540.  Violation  of  Act — Penalties.  The  penalty  for 
violating  the  provisions  of  any  of  the  preceding  sections  is  the 
same  as  provided  in  Section  8536  of  the  Revised  Codes. 

Provided,  that  when  it  shall  appear  that  any  engineer  has 
violated  the  express  order  of  his  employer  in  running  his  engine 
at  a greater  speed  than  800  feet  per  minute  the  engineer  alone 
shall  be  subject  to  prosecution,  and  to  the  fine  imposed  by  the 
provisions  of  this  Act.  (Laws  of  1903,  Chapter  82.) 


STATE  OF  MONTANA. 


11 


Section  8541.  Escapement  Shaft.  It  is  the  duty  of  any 
person,  company  or  corporation,  who'  shall  have  sunk  on  any 
mine  a vertical  or  incline  to  a greater  depth  than  one  hundred 
feet,  and  who  shall  have  the  top  of  such  shaft  or  hoisting 
opening  covered  or  enclosed  by  a shaft  or  building  which  is 
not  fire-proof,  and  who  shall  have  drifted  on  or  along  the  vein 
or  veins  thereof,  a distance  of  two  hundred  feet  or  more,  after 
cross  cutting  to  the  same,  and  shall  have  commenced  to  stope, 
to  provide  and  maintain  to  the  hoisting  shaft  or  the  opening 
through  which  men  are  let  into  or  out  of  the  mine  and  the  ore 
is  extracted,  a separate  escapement  shaft,  raise,  or  opening, 
or  an  underground  opening  or  communication  between  every 
such  mine  and  some  other  contiguous  mine,  provided,  that  in 
case  such  contiguous  mine  belongs  to  a different  person,  com- 
pany or  corporation,  the  right  to  use  the  outlet  through  such 
contiguous  mine,  in  all  cases  when  necessary,  or  in  cases  of 
accident  must  be  secured  and  kept  in  force.  Where  such  an 
escapement  shaft  or  opening  shall  not  be  in  existence  at  the 
time  that  stoping  is  commenced,  work  upon  such  an  escapement 
shaft  or  opening  must  be  commenced  as  soon  as  stoping  begins 
and  be  diligently  prosecuted  until  the  same  is  completed,  and 
said  escapement  shaft,  raise  or  opening  shall  be  continued  to 
and  connected  with  the  lowest  workings  in  the  mine.  The 
exit,  escapement  shaft,  raise  or  opening  provided  for  in  the 
foregoing  paragraphs  must  be  of  sufficient  size  as  to  afford 
an  easy  passage  way  and  if  it  be  a raise,  or  shaft,  must  be 
provided  with  good  and  substantial  ladders  from  the  deepest 
workings  to  the  surface.  Whenever  the  exit  or  outlet  herein 
provided  for  is  not  in  a direct  or  continuous  course,  signboards 
plainly  marked  showing  the  direction  to  be  taken  must  be 
placed  at  each  departure  from  the  continuous  course.  (Laws 
of  1897,  page  66.) 

Section  8542.  To  What  Mines  Act  Applicable.  This  Act 
shall  apply  only  to  quartz  mines  in  which  nine  or  more  men 
are  employed  underground,  and  shall  not  apply  to  mines  not 
actually  extracting  ores,  by  stoping,  nor  to  mines  in  which  the 
shaft  or  hoisting  opening,  or  hauling  way  is  not  covered  by  a 
shaft  house,  and  has  no  building  structure  within  thirty  (30) 
feet  of  the  shaft  or  opening  nor  to  mines  in  which  the  hoisting 


12 


MINING  LAWS 


shaft  or  opening  shall  be  covered  by  or  enclosed  in  a fire-proof 
shaft  or  building.  (Laws  of  1897,  page  67.) 

Section  8543.  Penalties.  The  penalty  for  violating  any  of 
the  provisions  of  the  preceding  section  is  the  same  as  provided 
in  Section  8536  of  the  Revised  Codes.  (Laws  of  1897,  page  67  ) 


Chapter  4. 


Section  8545. 

8546. 

8547. 

8552. 

8553. 


Storing  of  Explosives. 

(Revised  Codes.  Part  I.,  Title  X.) 

Regulating  Sales  of  Explosives. 

Storage  of  Explosives  in  Mines. 

Storage  of  Explosives  in  Cities. 

Penalties. 

Penalty  in  Case  of  Death  caused  by  Violation  of  Act. 


Section  8545.  Regulating  Sales  of  Explosives.  That  every 
person,  company  or  corporation,  manufacturing,  storing,  selling, 
transferring,  dealing  in,  or  in  any  manner  disposing  of  any 
powder,  gunpowder,  giant  or  Hercules  powder,  giant  caps,  or 
other  highly  explosive  substances,  shall  keep  in  a book  for  that 
purpose  an  accurate  record  of  all  transactions,  with  the  date 
thereof,  relating  to  the  receiving  and  disposing  of  the  same, 
which  record  shall  show  the  amount  of  each  such  explosive 
received,  by  whom  transported  or  conveyed,  and  each  and 
every  sale  or  other  disposition  made  of  such  explosive,  with 
the  amount  thereof,  and  the  name  of  the  person  to  whom  deliv- 
ery of  the  same  was  made,  who  shall  be  required  to  receipt 
therefor.  Such  record  shall  at  all  times  be  open  to  the  inspec- 
tion of  the  State  Inspector  of  Mines,  or  any  peace  officer.  (Act 
approved  March  15,  1895.) 

Section  8546.  Storage  of  Explosives  in  Mines.  No  person, 
company  or  corporation  shall  store,  deposit  or  keep  in  any  mine 
a greater  quantity  than  three  thousand  pounds  of  blasting  pow- 
der, giant  or  Hercules  powder,  or  other  highly  explosive  sub- 
stance, and  no  explosives  named  in  this  Section  shall  be  stored,, 
deposited  or  kept  in  any  place  where  its  accidental  explosion 
would  cut  off  the  escape  of  miners  working  in  said  mine.  (Act 
approved  March  15,  1895.) 

Section  8547.  Storage  of  Explosives  in  Cities,  Etc.  No  per- 
son, company  or  corporation,  shall  store,  deposit  or  keep,  within 
one  mile  of  the  limits  of  any  city,  town  or  village,  any  powder. 


STATE  OF  MONTANA. 


13 


gunpowder,  giant  or  Hercules  powder,  or  other  highly  explosive 
substance,  in  greater  quantities  than  one  hundred  pounds,  or 
more  than  one  thousand  giant  caps,  at  any  one  time,  nor  shall 
such  explosives  be  stored,  deposited  or  kept  in  any  quantities 
whatever  within  one  mile  of  such  city,  town  or  village,  except 
in  a magazine  constructed  as  hereinafter  described.  Provided, 
that  this  Section  shall  not  be  construed  to  prevent  any  person, 
company  or  corporation,  operating  a mine  within  one  mile  of 
the  limits  of  such  city,  town  or  village,  from  storing  powder 
for  use  in  such  mine  in  the  manner  prescribed  in  Sections  8546 
and  8548  of  this  Act.  Provided  also,  that  this  Section  shall 
not  prevent  the  keeping  of  a reasonable  amount  of  gunpowder, 
not  exceeding  fifty  pounds,  in  a safe  place  for  sale.  (Act  ap- 
proved March  15,  1895.) 

Section  8552.  Penalties.  Any  person,  or  association  of  per- 
sons, violating  any  of  the  provisions  of  this  Act,  shall  be  pun- 
ished by  imprisonment  in  the  penitentiary  not  exceeding  five 
years,  or  by  fine  not  exceeding  five  thousand  dollars,  or  by  both 
such  fine  and  imprisonment.  (Act  approved  March  15,  1895.) 

Section  8553.  Penalty  When  Death  Caused  by  Violation  of 
This  Act.  When  the  death  of  any  person  is  caused  by  the 
explosion  of  any  powder,  gunpowder,  giant  or  Hercules  powder, 
giant  caps,  or  other  highly  explosive  substance,  that  has  been 
stored,  kept,  handled  or  transported,  contrary  to  the  provisions 
of  the  foregoing  Sections,  the  person  or  persons  who  have  so 
unlawfully  stored,  kept,  handled,  or  transported  such  explosives, 
or  who  may  have  knowingly  or  negligently  permitted  their 
agents,  servants  or  employees,  to  so  unlawfully  store,  keep, 
handle  or  transport  the  same,  shall  be  guilty  of  manslaughter, 
and  on  conviction  shall  be  punished  by  imprisonment  in  the 
State  penitentiary  for  a period  not  exceeding  ten  years.  (Act 
approved  March  15,  1895.) 


14 


MINING  LAWS 


DIVISION  II. 

LAWS  RELATING  TO  COAL  MINING. 


(Part  III.,  Title  VII.,  Chapter  II.,  Article  II.,  Revised  Codes.) 

Chapter  i. 


Section  1679. 

1680. 

1681. 

1682. 

1683. 

1684. 

1685. 

1686. 

1687. 

1688. 

1689. 

1690. 

1691. 


Inspector  of  Coal  Mines. 

Apipointment  of  Coal  Mine  Inspector,  Force  of  Office. 
Qualifications  of  Inspector. 

Salary  of  Inspector. 

Powers  and  Duties  of  Inspector. 

Inspector  Must  not  be  Employed  by  Companies. 
Instruments  to  be  Furnished  to  Inspector. 

Inspector  Must  Post  Statement  of  Condition  of  Mine  at 
Entrance. 

Temporary  Vacancies. 

Inspector  Ex-officio  Sealer  of  Weights  and  Measures. 
Standard  and  Test  Weights  to  be  Furnished. 

Refusal  of  Mine  Operator  to  Furnish  Facilities  for  Exam- 
ination. 

Investigation  of  Charges  for  Neglect  of  Duty. 

Penalties  for  Violation  of  Duty. 


Section  1679.  Coal  Mine  Inspector — Appointment — Term  of 
Office.  The  Governor,  by  and  with  the  advice  and  consent  of 
the  Senate,  shall  appoint  one  Coal  Mine  Inspector  who  shall 
hold  office  for  a term  of  four  years  from  the  date  of  his  appoint- 
ment, unless  otherwise  removed  by  the  Governor.  (Laws  of 
1907,  Chapter  133.) 

Section  1680.  Qualifications  of  Inspector.  No  person  shall 
be  eligible  to  the  office  of  Coal  Mine  Inspector  until  he  shall 
have  attained  the  age  of  thirty  years,  must  be  a citizen  of  the 
United  States,  a qualified  resident  of  the  State  of  Montana  2nd 
been  actually  employed  at  coal  mining  ten  years  prior  to  his 
appointment  and  shall  possess  a competent  knowledge  of  all 
the  different  systems  of  coal  mining  and  working  and  properly 
ventilating  coal  mines,  and  the  nature  and  constituent  parts 
of  noxious  and  explosive  gases  of  coal  mines,  and  of  the  various 
ways  of  expelling  the  same  from  the  said  mines.  And  has 
passed  a successful  examination  and  whose  certificate  of  quali- 
fication has  been  filed  with  the  Governor  by  the  Board  of 
Examiners,  as  provided  by  law.  (Laws  of  1909,  Chapter  46, 
page  55 ; see,  also,  law  relating  to  Board  of  Examiners,  page 
19.) 


STATE  OE  MONTANA. 


15 


Section  1681.  Salary  of  Inspector.  The  salary  of  the  State 
Coal  Mine  Inspector  shall  be  twenty-five  hundred  dollars  per 
annum  and  all  necessary  and  traveling  expenses.  The  State 
Coal  Mine  Inspector  shall  file  with  the  State  Treasurer  a bond, 
approved  by  the  Governor  of  the  State,  in  the  sum  of  five 
thousand  dollars,  for  the  faithful  performance  of  his  duties. 
(Laws  of  1907,  Chapter  133.) 

Section  1682.  Powers  and  Duties  of  Inspector.  The  State 
Coal  Mine  Inspector  shall  have  the  right  and1  it  is  hereby  made 
his  duty,  to  enter,  inspect,  and  examine  any  coal  mine  in  this 
State  and  the  workings  and  the  machinery  belonging  thereto, 
at  all  reasonable  times,  either  by  day  or  night,  but  not  so  as 
to  impede  or  obstruct  the  workings  of  the  mine.  He  shall 
also  have  the  right  and  it  is  his  duty  to<  make  inquiry  into  the 
condition  of  such  mine,  workings,  machinery,  scales,  ventilation, 
drainage,  method  of  lighting  or  using  lights,  and  into  all 
methods  and  things  connected  with  or  relating  to,  as  well  as 
to  make  suggestions  providing  for  the  health  and  safety  of 
persons  employed1  in  or  about  the  same,  and  especially  to 
make  inquiry  whether  or  not  the  provisions  of  the  acts  pro- 
viding for  the  regulation  of  coal  mines  or  other  acts  which 
may  hereafter  be  enacted  governing  coal  mines,  have  been 
complied  with.  The  owner,  operator  or  superintendent  of  such 
mine  is  hereby  required  to  furnish  the  means  necessary  for 
such  entry,  inspection,  examination,  inquiry  and  exit.  It  shall 
also  be  the  duty  of  the  said  Coal  Mine  Inspector  to  carefully 
examine  all  the  coal  mines  in  operation  in  this  State  at  least 
every  three  months  and  often er  if  necessary;  to  see  that  every 
precaution  is  taken  to  insure  the  safety  of  all  workmen  that 
may  be  engaged  in  said  coal  mine.  The  said  inspector  shall 
make  a record  of  the  visit,  noting  the  time  and  the  material 
circumstances  of  the  inspection.  (Laws  of  1907,  Chapter  133.) 

Section  1683  . Inspector  Must  Not  Be  Employed  by  Com- 
panies. The  said  Coal  Mine  Inspector  while  in  office  shall 
not  act  as  agent  for  anv  corporation,  superintendent  or  manager 
of  any  mines,  and  shall  in  no  manner  whatever  be  under  the 
employ  of  mining  companies,  and  it  shall  be  the  duty  of  the  said 
Coal  Mine  Inspector  on  or  before  the  first  day  of  January  of 
every  year,  to  make  a report  to  the  governor  of  his  proceedings 
as  such  Coal  Mine  Inspector  and  the  conditions  of  each  and 


16 


MINING  LAWS 


every  coal  mine  in  the  State,  stating  therein  all  accidents  that 
have  happened  in  or  about  said  mine  or  mines,  and  to  set  forth 
in  said  report  all  such  suggestions  as  he  may  deem  important 
as  to  any  further  legislation  on  the  subject  of  * coal  mining. 
(Laws  of  1907,  Chapter  133.) 

Section  1684.  Instruments  to  Be  Furnished  to  Inspector. 

For  the  more  efficient  discharge  of  the  duties  herein  imposed 
upon  him,  the  said  Coal  Mine  Inspector  shall  be  furnished  at 
the  expense  of  the  State  with  an  anemometer,  a safety  lamp 
and  whatever  other  instruments  or  other  appliances  which  may 
be  required  in  order  to  carry  into  effect  the  provisions  of  the 
acts  regulating  coal  mines.  (Laws  of  1907,  Chapter  133.) 

Section  1685.  Inspector  to  Post  Statement  of  Mine  at  En- 
trance. The  Coal  Mine  Inspector  shall  post  up  in  some  con- 
spicious  place  at  the  top  of  each  mine  visited  and  inspected 
by  him,  a plain  statement  of  the  conditions  of.  such  mine,  show- 
ing what  in  his  judgment  is  necessary  for  the  better  protection 
of  the  lives  and  health  of  persons  employed  in  said  mine ; such 
statement  shall  give  the  date  of  inspection  and  be  signed  by  the 
said  inspector.  He  shall  also  post  a notice  at  the  landing  used 
by  the  men,  stating  what  number  of  men  may  be  permitted  to 
ride  on  the  cage,  car  or  cars  at  one  time,  and  at  what  rate  of 
speed  men  may  be  hoisted  and  lowered  on  the  cage,  car  or  cars. 
He  must  observe  especially  that  the  code  of  signals  provided  in 
the  act  regulating  coal  mines  between  engineer  and  top  men 
and  bottom  men,  is  conspicuously  posted  for  the  information 
of  all  employees. 

In  case  of  the  death,  resignation,  or  removal  from  office  of 
the  State  Coal  Mine  Inspector  before  the  expiration  of  the  term 
of  office,  the  Governor  shall  appoint  a duly  qualified  person 
as  provided  in  this  Act,  to'  fill  the  vacancy  for  the  unexpired 
term.  (Laws  of  1907,  Chapter  133.) 

Section  1686.  Temporary  Vacancy  in  Office,  How  Filled. 
In  case  the  State  Coal  Mine  Inspector  becomes  incapacitated 
and  cannot  perform  the  duties  of  his  office  for  a long*er  period 
than  two  weeks,  it  shall  be  the  duty  of  the  Governor  to  deputize 
some  competent  person  having  the  qualifications  provided  in 
this  Act,  to  fulfill  the  duties  of  the  said  inspector  until  the 
said  inspector  shall  return  to  the  performance  of  his  official 
duties,  and  the  person  deputized  by  the  Governor  shall  be  paid 


STATE  OF  MONTANA. 


17 


by  the  State  out  of  any  moneys  in  the  general  fund  of  the  State 
not  otherwise  appropriated,  for  the  services  rendered,  at  the 
same  rate  received  by  the  State  Coal  Mine  Inspector.  (Laws 
of  1907,  Chapter  133.) 

Section  1687.  Inspector  Ex-Officio  Sealer  of  Weights  and 

Measures.  The  State  Coal  Mine  Inspector  is  hereby  made, 
equally  with  the  County  Clerk,  ex-officio  sealer  of  weights  and 
measures,  insofar  as  the  same  relates  to  coal  mines  and  coal 
mining,  and  as  such  is  empowered  to  test  and  compare  all 
weights  and  measures  used  in  weighing  and  measuring  coal 
at  any  coal  mine,  or  used  in  measuring  air  passages  or  other  open- 
ings in  coal  miines,  with  the  standards  of  weights  and  measures 
kept  by  the  County  Clerk  of  any  county.  Upon  the  written 
request  of  any  coal  mine  owner  or  operator  or  ten  coal  miners 
employed  at  any  one  mine,  it  shall  be  his  duty  to  test  and  prove 
any  scale  or  scales  at  such  mine  against  which  complaint  is 
directed,  and  if  he  shall  find  that  they  or  any  of  them  do  not 
weigh  correctly,  he  shall  call  the  attention  of  the  mine  owner 
or  operator  to  the  fact  and  direct  that  said  scale  or  scales  be 
at  once  overhauled  and  readjusted  so  as  to  indicate  only  true 
and  correct  weights,  and  he  shall  forbid  the  further  operation 
of  such  scale  until  such  scales  are  adjusted.  In  the  event  that 
such  tests  shall  conflict  with  any  test  made  by  any  county 
sealer  of  weights  and  measures,  or  under  and  by  virtue  of  any 
municipal  ordinance  or  regulation,  then  the  test  by  such  mine 
inspector  shall  prevail.  (Laws  of  1907,  Chapter  133.) 

Section  1688.  Standard  Test  Weights  to  Be  Furnished  to 
Inspector.  For  the  purpose  of  carrying  out  the  provisions  of 
this  A'ct,  the  State  Coal  Mine  Inspector  shall  be  furnished  by 
the  State  with  a complete  set  of  standard  weights  suitable  for 
testing  the  accuracy  of  track  scales,  and  of  all  smaller  scales  at 
mines ; said  test  weights  shall  remain  in  the  custody  of  the 
State  Coal  Mine  Inspector  for  use  at  any  point  within  the  State, 
and  for  any  amounts  expended  by  him  for  the  storage,  trans- 
portation or  the  handling  of  the  same,  lie  shall  be  fully  reim- 
bursed upon  miaking  entry  of  the  proper  items  in  his  expense 
voucher.  (Laws  of  1907,  Chapter  133.) 

Section  1689.  Refusal  of  Mine  Operator  to  Furnish  Facilities 
for  Examination..  In  any  operator  shall  refuse  to  permit  such 
inspection  or  to  furnish  the  necessary  facilities  for  making 


18 


MINING  LAWS 


such  examination  and  inspection,  the  inspector  shall  file  his 
affidavit,  setting  forth  his  refusal,  with  the  judge  of  the  district 
court  in  said  county  in  which  said  mine  is  situated,  either  in 
term — time  or  vacation,  and  obtain  an  order  on  such  owner, 
operator  or  agent  soi  refusing  as  aforesaid,  commanding  him 
to  permit  and  furnish  such  necessary  facilities  for  the  inspection 
of  such  coal  mine,  or  to  be  adjudged  to  stand  in  contempt  of 
court  and  punished  accordingly.  (Laws  of  1907,  Chapter  133.) 

Section  1690.  Investigation  of  Charges  for  Neglect  of  Duty. 
Whenever  a petition  signed  by  fifty  or  more  reputable  citizens, 
legal  residents  of  the  State,  verified  by  oath  by  two  or  more 
of  the  said  petitioners,  and  accompanied  by  a bond  in  the  sum 
of  five  hundred  dollars,  running  to  the  State,  executed  by  two 
or  more  freeholders,  approved  and  accepted  by  the  Clerk  of 
the  District  Court  of  the  county  or  counties  of  their  residence, 
conditioned  for  the  payment  of  all  costs  and  expenses  arising 
from  the  investigation  of  the  charges,  setting  forth  that  the 
Inspector  of  Mines  neglects  his  duties  or  is  incompetent,  or 
is  guilty  of  malfeasance  in  office,  it  shall  be  the  duty  of  the 
Judige  of  the  District  Court  of  the  county  to  issue  a citation 
in  the  name  of  the  State  to  the  said  inspector,  to  appear  at 
not  less  than  five  days’  notice,  on  a day  fixed,  before  said  court, 
and  the  court  shall  then  proceed  to  inquire  into  and  investigate 
the  allegations  of  the  petitioners;  such  action  shall  be  prose- 
cuted by  the  County  Attorney.  (Laws  of  1907,  Chapter  133.) 

Section  1691.  Penalties  for  Violation  of  Duty.  If  the  court 
finds  that  the  said  Mine  Inspector  is  neglectful  of  his  duties  or 
incompetent  to  perform  the  duties  of  his  office,  or  that  he  is 
guilty  of  malfeasance  in  office,  the  court  shall  certify  the  same 
to  the  Governor,  who  shall  declare  the  office  of  said  Mine  In- 
spector vacant,  and  proceed  in  compliance  with  the  provisions 
of  this  Act  to  supply  the  vacancy ; and  the  costs  of  such  investi- 
gation shall,  if  the  charges  are  sustained,  be  imposed  upon  the 
State  Coal  Mine  Inspector.  (Laws  of  1907,  Chapter  133.) 


STATE  OF  MONTANA. 


19 


Chapter  2. 

Board  of  Examiners. 

(Laws  of  1909,  Chapter  64,  p.  75.) 

An  Act  to  create  a Board1  of  Examiners  for  Examining  Appli- 
cants for  the  Position  of  Coal  Mine  Inspector  of  the  State 
of  Montana  and1  Prescribe  the  Qualifications  of  Applicants, 
and  Prescribing  the  Rights  and  Duties  and  fixing  the  Com- 
pensation of  such  Board  of  Examiners,  and  the  Manner 
of  .Appointing  said  Coal  Mine  Inspector  of  the  State  of 
Montana. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  State  of  Montana : 

Section  1.  Coal  Mine  Inspector — Board  of  Examiners — Ap- 
pointment. From  and  after  a period  of  two  months,  subsequent 
to  the  date  of  the  passage  and  approval  of  this  Act,  the  Governor 
shall,  upon  the  recommendation  of  the  coal  miners  of  this  State, 
appoint  one  practical  coal  miner  actively  employed  in  coal  min- 
ing in  the  State  of  Montana,  and  one  mine  manager,  or  super- 
intendent, who  shall  be  recommended  to  the  Governor  by  the 
majority  of  the  coal  mine  operators  of  the  State  of  Montana, 
and  one  practical  coal  mining  engineer;  the  three  so  named  by 
the  Governor  shall  constitute  a Board  of  Examiners  to  pass 
upon  the  qualification  of  applicants  for  Coal  Mine  Inspector  of 
the  State  of  Montana. 

Section  2.  Same — Examination — Scope.  It  shall  be  the  duty 
of  the  said  board  to  examine  into  the  qualifications  of  all  appli- 
cants for  appointment  to  the  position  of  Coal  Mine  Inspector 
of  the  State  of  Montana,  by  conducting  a thorough  examination 
as  to  the  knowledge  of  mine  working,  ventilation,  gases,  fire 
damp,  machinery,  and  actual  experience  in  the  underground  coal 
mining,  and  to  acquaint  themselves  with  the  person,  character, 
habits  and  general  worthiness  of  each  applicant.  The  general 
examination  shall  be  in  writing  and  manuscript  and  other  papers 
of  all  applicants,  together  with  the  tally  sheets  and  the  solution 
of  each  question  as  given  by  the  examining  board  shall  be  filed 
with  the  Secretary  of  the  State  as  public  documents,  but  such 
applicants  shall  undergo  an  oral  examination  pertaining 
to  explosive  gases,  and  safety  lamps.  All  candidates  shall  be 
allowed  the  use  of  such  text  books  as  are  proper  during  the 
examination.  The  Board  of  Examiners  shall  confine  the  exam- 
ination of  applicants,  to  questions  as  designated  in  Section  2,  of 


20 


MINING  LAWS 


this  Act.  No  person  shall  be  certified  as  competent  whose 
average  per  cent  shall  be  less  than  75  per  centum  and  certificate 
shall  show  what  per  cent  the  applicant  has  attained,  and  such 
certificate  shall  be  valid  only  when  signed  by  a majority  number 
of  the  Examining  Board,  Examining  Board  shall  immediately 
after  the  examination,  furnish  to  each  person  who-  came  before 
it  to  be  examined  a copy  of  all  questions,  whether  oral  or  written 
which  were  given  at  the  examination  on  printed  slips  of  paper, 
and  to  be  marked,  solved  right,  imperfect  or  wrong,  as  the  case 
may  be,  together  with  the  certificate  of  competency  to  each  can- 
didate who  shall  have  made  at  least  75  per  centum-. 

Section  3.  Same — Applications — How  Made.  Applications 
for  examination  for  Coal  Mine  Inspector  to  said  Board  must  be 
made  in  writing  and  accompanied  by  an  affidavit  showing  that 
the  applicant  is  a citizen  of  the  United  States,  a resident  of 
the  State  of  Montana,  and  that  he  has  attained  the  age  of  thirty 
years ; has  had  at  least  ten  years  experience  in  underground  coal 
mining  in  the  United  States  and  at  least  one  years  experience 
in  underground  coal  mining  in  the  State  of  Montana. 

Section  4.  Same — Appointment— Who  Ineligible.  The 
Board  of  Examiners  shall  file  with  the  Governor  the  names  of 
all  persons  who  shall  have  successfully  passed  the  examination. 
From  those  so  named  the  Governor  shall  select  one  person  to  be 
State 'Coal  Mine  Inspector,  provided  that  any  one  who  has 
served  capably  as  State  Coal  Mine  Inspector  for  one  full  term 
upon  making  written  application  to  the  board  setting  forth 
forth  these  facts,  shall  be  certified  to  the  Governor  as  properly 
quailfied  for  appointment  but  no  man  shall  be  eligible  for  the 
appointment  as  State  Coal  Mine  Inspector  wiho  has  any  pecun- 
iary interest  in  any  coal  mine  either  as  owner  or  employer. 

Section  5.  Same — Vacancy — How  Filled.  As  often  as  vac- 
ancies occur  in  the  office  of  Coal  Mine  Inspector  caused  either 
by  death,  resignation,  or  removal  for  malfeasance  or  as  provided 
for  in  Section  12,  of  this  Act  creating’ the  office  of  Qoal  Mine 
Inspector,  or  as  otherwise  determined  as  with  other  officers  of 
the  State.  The  Governor  shall  fill  the  same  by  appointment 
for  the  unexpired  term  bv  selecting  a person  whose  name  is  on 
file  in  his  office  as  provided  for  in  Section  4 of  this  Act. 

Section  6.  Examining  Board — Meetings — Oath  of  Office.  The 
Board  of  Examiners  first  appointed  under  the  provisions  of  this 


STATE  OF  MONTANA. 


21 


Act  shall  meet  in  the  city  of  Helena,  in  the  office  of  the  State 
Coal  Mine  Inspector  on  the  20th  day  of  June,  1909,  at  which 
time  and  place  they  shall  proceed  to  organize  themselves  and 
shall  take  the  following  oath  of  office  before  some  person  duly 
authorized  by  law  to  administer  an  oath,  “W e do  solemnly  swear 
(or  affirm)  that  we  will  perform  the  duties,  devolving  upon  us 
to  the  best  of  our  ability,  and  that  in  rejecting  or  recommending 
applicants  for  the  position  of  Coal  Mine  Inspector  of  the  State 
of  Montana,  we  will  be  governed  by  the  evidence  of  qualification 
to  fill  the  position  under  the  law  creating  the  same,  and  not  by 
any  consideration  of  political  affiliation  or  personal  favors ; that 
we  will  certify  all  whom  we  may  find  qualified,  and  who  shall 
have  passed  the  required  examination,  according  to  the  Act  and 
none  other,  to  the  best  of  our  knowledge  and  judgment.”  The 
second  meeting  of  said  Board  for  the  purpose  of  examining  appli- 
cants for  the  position  of  State  Coal  Mine  Inspector  shall  be 
held  on  the  second  Monday  in  January,  1911,  in  the  city  of  Hel- 
ena, at  the  State  Capitol  in  the  office  of  the  State  Coal  Mine 
Inspector,  and  on  the  second  Monday  in  January  every  two 
years  thereafter.  The  Secretary  of  State  shall  furnish  whatever 
blanks,  blank  books,  printing  or  stationery  the  board  may  re- 
quire in  the  discharge  of  its  duties.  Public  notice  shall  be  given 
by  the  Board  of  Examiners,  through  the  posting  of  notices  in 
the  post  office  in  the  several  coal  mining  towns  throughout  the 
State  at  least  fifteen  days  previous  to  the  date  of  examination, 
and  by  publication  in  at  least  two  daily  papers  published  in  the 
city  of  Helena,  for  ten  consecutive  days  previous  to  the  hold- 
ing of  the  examination. 

Section  7.  Same — Examination — Certificate  of  Fitness.  The 
board  shall  then  proceed  to  the  examination  of  those  who  may 
present  themselves  as  candidates  for  said  office,  and  who  shall 
have  complied  with  the  requirements  necessary  to  entitle  such 
applicant  to  be  examined  as  provided  for  in  Section  3 of  this  Act, 
and  after  a thorough  examination  as  to  knowledge  and  qualifica- 
tion of  said  applicants  then,  the  said  Board  of  Examiners,  shall 
certify  to  the  Governor  the  names  of  all  such  applicants,  who 
have  passed  the  required  examination  for  the  position  of  Coal 
Mine  Inspector  as  required  under  the  provisions  of  the  law. 

Section  8.  Same — Compensation — Expenses.  The  Board  of 
Examiners  shall  receive  Six  Dollars  ($6.00)  per  diem  for  the 


22 


MINING  LAWS 


time  actually  engaged  in  the  performance  of  the  duties  imposed 
upon  them  in  this  Act  and  their  actual  expenses,  such  compen- 
sation to  be  paid  out  of  the  general  fund  in  the  manner  pro- 
vided by  law. 

Section  9.  Candidates — Appointment — How  Made.  The 

Governor  shall,  from  the  name  (names?),  certified  to  by  the 
said  Board  of  Examiners,  appoint  a Coal  Mine  Inspector  for  the 
State  of  Montana,  who  shall  hold  office  for  the  period  of  time  as 
required  by  the  law  creating  such  office. 

Section  10.  Board — Appointment.  Four  years  after  January 
I,  1909,  and  every  four  years  thereafter,  the  Governor  shall  ap- 
point a Board  of  Examiners  to  pass  upon  the  qualification  of 
applicants  for  Coal  Mine  Inspector,  which  shall  be  constituted, 
sworn  and  paid  and  shall  perform  the  same  duties  as  the  Board 
provided  for  in  Section  one  (1)  of  this  Act,  during  the  term  for 
which  they  were  appointed  and  from  the  names  certified  to  by 
them  the  Governor  shall  appoint  a Coal  Mine  Inspector  for  the 
State  of  Montana,  as  herein  provided  for. 

Section  11.  Inspector — Reappointment  Not  Prohibited.  Noth- 
ing in  this  Act  shall  be  construed  as  preventing  the  re-appoint- 
ment of  any  Coal  Mine  Inspector,  who  shall  have  successfully 
passed  the  required  examination  and  qualified  as  hereinbefore 
provided  for. 

Section  12.  Examining  Board — May  Adopt  Rules.  Each 
successive  Board  of  Examiners  shall  have  the  power  to  adopt 
their  own  rules  for  examination  as  will  best  serve  the  purposes 
of  this  Act ; said  rules  not  to  conflict  with  the  manner  of  exam- 
ination as  prescribed  in  Section  Two  (2)  of  this  Act. 

Section  13.  Same — Vacancies — How  Filled.  Vacancies  upon 
the  said  Board  of  Examiners  shall  be  filled  by  the  Governor. 

Section  14.  Same — Expenses — Appropriation.  Sufficient 
money  to  defray  the  expense  of  the  Board  is  hereby  appropri- 
ated. 

Section  15.  Repealing  Clause.  All  Acts  and  parts  of  Acts 
in  conflict  with  this  Act  are  hereby  repealed. 

Section  16.  Act  Takes  Effect — When.  This  Act  shall  be  in 
full  force  and  effect  from  and  after  its  passage  and  approval  by 
the  Governor. 

Approved  March  4,  1909. 


STATE  OF  MONTANA. 


23 


Section  1692. 

1693. 

1694. 

1695. 

1696. 

1697. 

1698. 

1699. 

1700. 

1701. 

1702. 

1703. 

1704. 

1705. 

1706. 

1707. 

1708. 

1709. 

1710. 


Chapter  3. 

Regulation  of  Coal  Mines. 

(Revised  Codes.) 

Maps  of  Coal  Mines  to  be  Furnished  Inspector. 

Additions  to  the  Map  to  be  Made,  When. 

Failure  to  Provide  Maps. 

Coal  Mine  Escapes. 

Escapes,  How  Constructed. 

Ventilation  of  Coal  Mines. 

Ventilation,  Enforced  by  the  Inspector. 

Examination  for  Explosive  Gases. 

Unlawful  Working  of  Coal  Mines. 

Foremen  Must  Have  Certificate  From  Inspector — Incom- 
petent Persons  not  to  be  Employed. 

Ventilation  Furnaces,  How  Built. 

Hoisting  From  and  Lowering  Into  the  Mine. 

Signals,  Cage,  How  Loaded,  and  Protection. 

Same. 

Penalties. 

State  to  Furnish  Appliances. 

Duty  of  Mine  Operator  to  Furnish  Wash  Houses. 

Check  Wleighman. 

False  Weights. 


Section  1692.  Maps  of  Coal  Mines  to  be  Furnished  to  Inspec- 
tor. The  owner  or  operator  of  any  coal  mine  in  the  state,  must 
make  or  cause  to  be  made,  an  accurate  map  or  plan  of  the  mine, 
which  must  exhibit  the  openings  or  excavations,  the  shafts, 
slopes,  or  tunnels,  the  entries,  rooms,  or  other  workings,  must 
show  the  direction  of  the  air  currents  therein,  accurately  delin- 
eate the  surface  section  lines  of  the  coal  lands  controlled  by  the 
owner  of  said  mines  and  show  the  exact  relation  to  and  prox- 
imity of  the  workings  of  said  mine  to  said  surface  lines;  said 
map,  or  plan,  must  also  show  the  exact  date  of  such  survey  made, 
and  indicate  the  boundary  line  of  the  most  advanced  face  of  the 
workings  at  such  date;  and  in  case  more  than  one  seam  of  coal 
is  opened  or  worked,  a separate  map  or  plan  as  aforesaid,  must, 
if  desired  by  the  Inspector,  be  made  of  the  working  in  each  seam. 
The  map,  or  plan,  or  a true  copy  thereof,  with  the  record  of  all 
surveys  of  said  boundary  lines  and  underground  workings,  must 
be  delivered  to  the  State  Inspector  of  Mines,  and  the  original  or 
a true  copy  of  the  same  must  be  retained  for  reference  and 
inspection  at  the  office  of  the  coal  mine.  The  maps  and  plans 
so  delivered  to  the  Inspector  of  Mines  are  the  property  of  the 


24 


MINING  LAWS 


State,  and  must  be  transferred  to-  his  successor  in  office.  Maps 
of  mines  filed  with  the  Inspector  must  be  open  to  the  examina- 
tion of  the  public  in  the  presence  of  the  inspector,  but  in  no 
case  must  any  copy  of  the  same  be  made  without  the  consent  of 
the  owner,  operator,  or  his  agent. 

Section  1693.  Additions  to  Maps  to  be  Made — When.  After 
the  maps  and  plans  herein  provided  are  completed,  thereafter 
in  July  of  each  year,  the  owner  or  operator  of  every  coal  mine 
must  cause  surveys  to  be  made  of  all  alterations  and  extensions 
of  the  workings  made  during  the  year  preceding,  and  must  have 
the  records  and  results  of  the  survey  duly  entered  upon,  the  maps 
of  the  inspector,  and  upon  that  kept  at  the  mine.  The  said 
extensions  must  be  placed  upon  the  Inspectors’  map,  and  the 
map  returned  to  the  inspector  within  thirty  days  from  the  com- 
pletion of  the  survey.  When  any  coal  mine  is  worked  out,  and 
is  about  to  be  abandoned  the  owner  or  operator  must  have  the 
maps  or  plans  thereof  extended  to  include  all  the  excavations 
made  showing  the  most  advanced  workings  of  every  part  of  the 
mine  and  the  relation  of  such  boundaries  to  marked  boundaries 
on  the  surface. 

Section  1694.  Failure  to  Provide  Maps — Effect.  Whenever 
the  owner  or  operator  of  any  coal  mine  neglects  or 

refuses  to  furnish  the  inspector  the  map  or  plan  of 

such  coal  mine  or  the  extensions  thereto,  as  provided 
for  in  this  chapter,  the  inspector  is  authorized  to  make 
or  cause  to  be  made,  an  accurate  map  or  plan  of  such  coal  mine, 
at  the  expense  of  the  owner,  and  the  cost  may  be  recovered  from 
the  owner  or  operator,  in  the  same  manner  as  other  debts,  in  the 
name  of  the  state. 

Section  1695.  Coal  Mine  Escapes.  For  all  coal  mines  in  this 
State,  when  more  than  six  men  are  employed,  other  than  the 
owners  or  operators  of  such  mine,  whether  worked  by  shaft, 
slope  or  drift,  there  must  be  provided  and  maintained  in  addi- 
tion to  the  hoisting  shaft  or  opening,  a separate  escapement 
shaft  or  opening  to  the  surface,  or  an  underground  opening  or 
communication  between  every  such  mine  and  some  other  con- 
tiguous mine,  as  may  be  approved  by  the  Mine  Inspector,  as 
coming  within  the  requirements  of  this  Chapter,  which  openings 
constitute  two  separate  and  available  means  of  ingress  and  egress 
to  all  persons  employed  in  the  mine,  and  all  passage-ways  com- 


STATE  OF  MONTANA. 


25 


munnicating  with  the  escapement  shaft,  or  places  of  exit  from 
main  hauling-ways  to  escapement  shafts  must  be  at  least  five  feet 
wide  and  five  feet  high. 

Section  1696.  Escapes — How  Constructed.  Every  escape- 
ment shaft  must  be  separated  from  the  main  shaft  by  such  extent 
of  natural  strata  as  shall  secure  safety  to  the  men  employed  in 
such  mines,  and  provided  with  either  stairways,  or  cages  and 
hoisting  apparatus,  as  in  the  judgement  of  the  inspector  pf 
mines  may  be  sufficient  to'  insure  the  safe  and  speedy  removal 
of  all  persons  within  the  mine  in  case  of  danger.  No  obstruc- 
tions of  any  kind  must  be  permitted  in  any  escapement  shaft 
that  would  in  any  wav  impede  travel  through  the  same.  The 
time  allowed  for  completing  such  escapement  shaft  or  making 
such  communication  with  an  adjacent  mine,  as  is  required  by  the 
terms  of  this  Chapter,  is  for  all  mines  already  opened  or  in  pro- 
cess of  development  on  the  sixth  day  of  March,  1891,  one  year 
for  sinking  any  shaft  two  hundred  feet  or  less  in  depth,  and  one 
additional  year  or  pro  rata  portion  thereof  for  every  additional 
two  hundred  feet,  or  fraction  thereof  ; but  for  mines  which  are 
opened  thereafter  the  time  allowed  shall  be  two  years  for  all 
shafts  more  than  twp  hundred  feet  in  depth  and  one  year  for  all 
shafts  two  hundred  feet  or  less  in  depth,  and  the  time  must  be 
reckoned  in  all  cases  from  the  date  on  which  coal  is  first  hoisted 
from  the  original  shaft  for  sale  or  use,  and  it  is  the  duty  of  the 
inspector  of  mines  to  see  that  all  escapement  shafts  are  begun 
in  time  to  secure  the  completion  within  the  time  herein  speci- 
fied. 

Section  1697.  Ventilation  of  Coal  Mines.  The  owner  or  oper- 
ator of  every  coal  mine,  whether  operated  by  shaft,  slope  or  drift, 
must  provide  and  maintain  for  every  such  mine  a good  and  suf- 
ficient amount  of  ventilation  for  men  and  animals  employed 
therein ; the  amount  of  air  in  circulation  to  be  in  no  case  less 
than  one  hundred  cubic  feet  for  each  man,  and  six  hundred  cubic 
feet  for  each  animal  per  minute,  measured  at  the  foot  of  the 
down-cast,  and  the  same  to  be  increased  at  the  discretion  of  the 
inspector  according  to  the  character  and  extent  of  the  workings, 
or  to  the  amount  of  powder  used  in  blasting,  and  the  volume  of 
air  must  be  forced  and  circulated  to  the  face  of  every  working 
place  throughout  the  mine  so  that  the  mine  is  free  from  standing 
powder  smoke  and  gases  of  every  kind.  All  doors  set  on  main 


26 


MINING  LAWS 


entries  for  the  purpose  of  conducting  ventilations  must  be  so 
constructed  and  hung  as  to  close  of  themselves  when  opened, 
and  must  be  made  sufficiently  tight  to  effectually  obstruct  the 
air  currents. 

Section  1698.  Ventilation  to  be  Enforced  by  Inspector.  In 
all  the  larger  mines,  a suitable  person  as  doorkeeper  must  be 
kept  in  attendance  upon  such  doors,  to  see  that  they  are  kept 
securely  closed  and  the  air  currents  properly  controlled.  When- 
ever the  inspector  finds  men  working  without  sufficient  air  or 
under  any  unsafe  conditions,  he  must  give  the  owner  or  oper- 
ator a reasonable  notice  to  rectify  the  same ; upon  the  neglect 
or  refusal  of  the  owner  or  operator  of  the  mine  to  put  the  same 
in  a safe  condition,  as  required  by  the  inspector,  the  inspector 
rnusH  proceed  by  an  action  to  enjoin  the  further  workings  of  the 
mine  until  the  law  is  complied  with.  All  actions  for  an  injunc- 
tion must  be  brought  by  the  county  attorney,  or  by  the 
Attorney  General  in  the  name  of  the  State. 

Section  1699.  Examination  for  Explosive  Gases.  All  mines 
in  which  explosive  gases  are  known  to  exist  must  be  examined 
every  morning  by  a duly  authorized  agent  of  the  owner  or  oper- 
ator, to  determine  whether  there  are  any  dangerous  accumula- 
tions of  gases  or  lack  of  ventilation  or  obstructions  to  road- 
ways or  any  other  dangerous  conditions  and  no  person  must  be 
allowed  to>  enter  the  mine  until  the  agent  has  reported  all  the 
conditions  safe  for  beginning  work;  the  agent  must  make  a daily 
record  of  the  conditions  of  the  mine  in  a book  kept  for  that  pur- 
pose, which  shall  be  open  at  all  times  to  the  examination  of  the 
inspector.  The  current  of  air  in  mines  must  be  split,  so  as  to 
give  a separate  current  to  at  least  every  one  hundred  men  at 
work,  and  the  inspector  has  the  discretion  to  order  a separate 
current  for  a smaller  number  of  men  if  special  conditions  render 
it  necessary.  In  case  the  entries  or  roadways  of  any  mine  are 
so  dry  as  to  become  filled  with  dust,  the  owner  or  operator  of  the 
mine  is  required  to  have  such  roadways  regularly  and  thor- 
oughly sprinkled  and  it  is  the  duty  of  the  inspector  to  see  that 
in  all  mines  every  practicable  precaution  is  taken  against  acci- 
dents from  the  careless  handling  of  powder  within  the  mine. 

Section  1700.  Unlawful  Working  of  Coal  Mines.  In  no  case 
must  more  powder  be  stored  in  the  mine  at  any  one  time  than 
in  the  discretion  of  the  inspector  is  necessary  for  each  day’s  use. 


STATE  OF  MONTANA. 


27 


It  is  unlawful  for  coal  miners  in  any  mine  to  charge  a blasting 
hole  with  the  loose  powder  or  otherwise  than  with  the  properly 
constructed  cartridges ; and  in  dry  and  dusty  mines  it  is  unlawful 
to  load  cartridges  in  the  mines  except  with  powder  cans  con- 
structed for  the  purpose.  It  is  unlawful  for  the  owner  or  oper- 
ator of  any  mine  to  permit  miners  to  work  in  said  mines  with 
tools  prohibited  by  law.  It  is  unlawful  for  any  owner  or  oper- 
ator of  any  mine  where  dangerous  or  explosive  gases  are  known 
to  exist  to  employ  any  person  as  foreman  or  boss  of  said  mine, 
who  does  not  possess  a thorough  practical  knowledge  of  the 
nature  and  danger  of  inflammable  or  explosive  gases  and  under- 
stand the  means  and  appliances  for  controlling  them.  It  is  un- 
lawful for  any  person  to  act  as  foreman  or  mine  boss  of  any 
mine  in  which  inflammable  gases  are  known  to  exist,  who  does 
not  possess  a thorough,  practical  knowledge  of  the  nature  and 
danger  of  inflammable  or  explosive  gases,  and  understand  the 
means  and  appliances  for  controlling  them. 

Section  1701.  Foreman  Must  Have  Certificates  From  Inspec- 
tor— Incompetent  Persons  Not  to  be  Employed.  It  is  unlawful 
for  any  person  to  act  as  foreman  or  mine  boss  of  any  mine  in 
which  inflammable  gases  are  known  to  exist  who  does  not  pos- 
sess a certificate  from  the  State  Mine  Inspector  certifying  to  his 
competency  for  managing  the  underground  workings  of  mines, 
together  with  a thorough  knowledge  of  all  gases  met  with  in 
coal  mines  and  of  the  most  approved  means  of  appliances  for 
controlling  them,  and  the  Inspector  of  Mines  is  authorized  to 
examine  all  foremen  or  mine  bosses  upon  their  competency  under 
the  provisions  of  this  Chapter  and  issue  his  certificate  to  those 
whom  he  considers  qualified  to  act  as  such  foreman  or  boss 
within  the  meaning  of  this  law.  It  is  unlawful  for  any  owner 
or  operator  of  a coal  mine  to  employ  persons  underground  whose 
duties  may  involve  contact  with  inflammable  gases  or  the  handl- 
ing of  explosives,  who  have  not  had  experience  in  such  duties, 
unless  all  such  employees  are  placed  under  the  immediate  charge 
and  instruction  of  such  number  of  competent  men  as  to  secure 
the  safety  of  other  persons  employed  in  the  same  mine. 

Section  1702.  Ventilation  Furnaces — How  Built.  The  venti- 
ation  required  by  this  Chapter  may  be  produced  by  any  suitable 
appliances,  but  in  case  a furnace  is  used  for  ventilating  purposes 
it  must  be  built  in  such  a manner  as  to  prevent  the  communica- 


28 


MINING  LAWS 


tion  of  fire  to  any  part  of  the  works  by  lining  the  upcast  with 
incombustible  material  for  a sufficient  distance  up  from  the 
furnace.  It  is  unlawful  to  use  a furnace  for  ventilating  pur- 
poses or  for  any  other  purpose  that  emits  smoke  into  any  com- 
partment constructed  in  or  adjoining  any  hoisting  shaft  01*  slope 
where  the  hoisting  shaft  or  slope  is  the  only  means  provided 
for  the  ingress  or  egress  of  persons  employed  in  said  coal  mines. 
It  is  unlawful  where  there  is  but  one  means  of  ingress  and  egress 
provided  at  a coal  shaft  or  slope  to  construct  and  use  a venti- 
lating furnace  that  emits  smoke  into  a shaft  as  an  upcast  where 
the  shaft  or  slope  used  as  a means  of  ingress  land  egress  by  per- 
sons employed  in  said  coal  mines  is  the  only  means  provided  for 
furnishing  air  for  persons  employed  therein. 

Section  1703.  Hoisting  From  and  Lowering  Into  the  Mine.  The 
owner  or  operator  of  a coal  mine  operated  by  shaft  must  provide 
safe  means  of  hoisting  and  lowering  persons  in  a cage  covered 
with  boiler  iron,  so  as  to  keep  safe  as  far  as  possible  persons 
descending  into  and  ascending  out  of  said  shaft,  and  said  cage 
must  be  furnished  with  guides  to  conduct  iron  slides  through 
such  shaft,  with  a sufficient  brake  on  every  drum  to  prevent 
accident  in  case  of  the  giving  out  or  breaking  of  the  machinery; 
and  such  cages  must  be  furnished  with  safety  catches  intended 
and  provided  as  far  as  possible  to  prevent  accident  in  case  of 
cable  breaking  or  the  loosening  or  disconnecting  of  machinery. 
The  owner  or  operator  of  every  coal  mine  operated  by  shaft  and 
steam  power  must  place  competent  persons  at  the  top  and  bot- 
tom of  such  shaft  for  the  purpose  of  attending  to  signals  while 
the  men  are  being  lowered  or  hoisted  out  of  the  mine ; they  must 
be  at  their  post  of  duty  at  least  thirty  minutes  before  the  hoist- 
ing of  coal  is  commenced  in  the  morning  and  remain  at  least 
thirty  minutes  after  the  hoisting  of  coal  has  ceased  at  night.  It 
is  also  their  duty  to  see  that  the  men  do  not  carry  any  tools, 
timber,  or  material  with  them  on  the  cage,  and  that  only  the 
proper  number  of  men  are  allowed  upon  the  cage  at  one  time. 
A sufficient  light  must  be  furnished  at  the  top  and  bottom  of  the 
shaft  to  insure  as  far  as  possible  the  safety  of  persons  getting  on 
or  of!  the  cage. 

Section  1704.  Signals — Cages,  How  Loaded — Protection.  A 

suitable  code  of  signals  between  the  bottom  man  and  the  top 
man  and  engineer  must  be  established  to  provide  and  insure  the 


STATE  OF  MONTANA. 


29 


safety  of  persons  being  lowered  into  and  hoisted  out  of  any 
shaft;  said  code  of  signals  so  established  must  be  conspicuously 
posted  at  the  top  and  bottom  of  the  shaft  and  in  the  erigine 
room.  No  person  must  ride  upon  a loaded  cage  or  car  used  for 
hoisting  purposes  in  any  shaft  or  slope,  and  in  no  case  miust 
more  than  twelve  persons  ride  in  any  cage  or  Car  at  any  one 
time,  nor  must  any  coal  be  hoisted  out  of  any  coal  mine,  except 
in  cases  where  coal  is  being  hoisted  out  of  a slope  which  is  not 
less  than  ten  feet  wide  and  only  one  track  operated  therein,  while 
persons  are  descending  into  such  mine.  The  number  of  per- 
sons permitted  to  ascend  out  of  or  descend  into  any  coal  mine 
at  one  time  must  be  determined  by  the  inspector,  and  they  must 
not  be  lowered  or  hoisted  more  rapidly  than  five  hundred  feet 
per  minute. 

The  top  of  each  and  every  shaft  and  the  entrance  to  each  and 
every  intermediate  working*  vein  must  be  securely  fenced  by 
gates,  properly  protecting  such  shaft  and  the  entrance  thereto, 
and  the  entrance  to  every  abandoned  stope,  air  or  other  shaft 
must  be  securely  fenced  off. 

Section  1705.  Same.  All  underground,  self-acting  or  engine 
planes,  with  single  track,  on  which  coal  cars  are  drawn  and  per- 
sons travel,  must  be  provided  with  proper  means  of  signaling 
between  the  stopping  places  and  ends  of  said  planes,  and  suffi- 
cient places  of  refuge  at  the  sides  of  such  planes  must  be  pro- 
vided at  intervals  of  not  more  than  ten  yards,  and  on  all  other 
single  planes  or  gangways,  twenty  yards,  and  they  must  not 
be  less  than  six  feet  wide  and  whitewashed  or  otherwise  dis- 
tinguished from  the  surrounding  walk.  The  bottom  of  every 
shaft  must  be  supplied  with  a traveling  way,  to  enable  men  to 
pass  from  one  side  of  the  shaft  to  the  other  without  passing  under 
or  over  the  cage.  All  sumps  must  be  securely  planked  over, 
so  as  to  prevent  accident. 

Section  1706.  Violation — Penalties.  Any  person  neglecting 
or  refusing  to  perform  the  duties  required  by  any  of  the  pro- 
visions of  this  Chipter  is  punishable  as  provided  in  Section  8559 
of  the  Revised  Codes. 

Section  1907.  State  to  Furnish  Appliances.  The  Inspector  of 
Mines  is  authorized  to  provide,  at  the  expense  of  the  State,  all 
necessary  air  meters,  barometers  or  other  instruments  for  the 


30 


MINING  LAWS 


use  of  himself  and  deputy  in  making  all  investigations  and 
inspection,  as  required  by  this  Chapter. 

Section  1708.  Duty  of  Mine  Operators  to  Furnish  Wash 
Houses  for  Employees.  It  shall  be  the  duty  of  the  owner,  oper- 
ator or  superintendent  of  any  coal  mine  in  the  State  of  Montana, 
to  provide  a suitable  building,  not  an  engine  or  boiler  house, 
which  shall  not  be  over  eight  hundred  feet  from  and  convenient 
to  the  principal  entrance  of  such  mine,  for  the  use  of  the  per- 
sons employed  therein  for  the  purpose  of  washing  themselves 
and  changing  their  clothes  when  entering  the  mine  and  return- 
ing therefrom.  The  said  building  shall  be  maintained  in  good 
order,  be  properly  lighted  and  heated  and  supplied  with  pure 
cold  and  warm  water,  and  be  provided  with  facilities  for  per- 
sons to  wash,  and  a suitable  locker  for  each  person  to  be  used  by 
him  as  a repository  for  his  clothes.  If  any  owner  or  operator 
of  a coal  mine  shall  fail  to  construct  and  maintain  a wash  house 
as  herein  provided,  he  shall  be  subject  to  a fine  of  not  less  than 
twenty-five  dollars  per  day  for  each  day  of  such  violation.  If 
any  person  shall  maliciously  injure  or  destroy,  or  cause  to  be 
injured  or  destroyed,  the  said  building,  or  any  part  thereof,  or 
any  of  the  appliances  or  fittings  used  for  supplying  light,  heat 
or  water  therein,  or  doing  any  act  tending  to  the  injury  or  de- 
struction thereof,  he  shall  be  deemed  guilty  of  an  offense  against 
this  act,  and  shall  be  subject  to  a fine  of  not  less  than  five  dollars 
nor  more  than  one  hundred  dollars  or  imprisonment  of  not  less 
than  five  days  nor  more  than  sixty  days,  or  both  such  fine  and 
imprisonment.  (Laws  of  1907,  Chapter  134.) 

Section  1709.  Check  Weighman.  The  weighman  employed 
at  any  mine  shall  subscribe  to  an  oath  or  affirmation  before 
a justice  of  the  peace,  or  other  officer  authorized  to  administer 
oaths,  to  do  justice  between  employer  and  employee,  and  to 
truly  and  correctly  weigh  the  output  of  coal  from  the  mines  as 
herein  provided.  The  miners  employed  by  or  engaged  in  work- 
ing for  any  mine  owner,  operator  or  lessee  of  any  mine  in  this 
state  shall  have  the  privilege,  if  they  desire,  of  employing  at 
their  own  expense  a check  weighman,  who  shall  have  like  equal 
rights,  powers  and  privileges  in  the  weighing  of  coal  as  the  reg- 
ular weighman  and  be  subject  to  the  same  oath  and  penalties  as 
the  regular  weighman.  Said  oath  or  affirmation  shall  be  kept 
conspicuously  posted  in  the  weigh  office,  and  any  weigher  of 


STATE  OF  MONTANA. 


31 


coal  or  person  so  employed,  who  shall  knowingly  violate  any  of 
the  provisions  of  this  article,  or  any  owner,  operator  or  agent 
of  any  coal  mine  in  this  state  who  shall  forbid  or  hinder  miners 
employing  or  using  a check  weighman  as  herein  provided,  or 
who  shall  prevent  or  wilfully  obstruct  any  such  check  weigh- 
man  in  the  discharge  of  his  duty  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  shall  be  punished  by  a fine 
of  not  less  than  One  Hundred  Dollars  nor  more  than  Five 
Hundred  Dollars  for  each  offense,  or  by  imprisonment  in  the 
county  jail  for  a period  of  not  less  than  thirty  days  nor  more 
than  ninety  days,  or  by  both  such  fine  and  imprisonment,  pro- 
ceedings to  be  instituted  in  any  court  having  competent  juris- 
diction. Whenever  the  inspector  of  mines,  or  deputy  inspector 
of  mines  shall  be  satisfied  that  the  provisions  of  this  section 
have  been  wilfully  violated,  it  shall  be  his  duty  to  forthwith 
inform  the  prosecuting  attorney  of  any  such  violation,  together 
with  all  the  facts  within  his  knowledge  and  the  prosecuting 
attorney  shall  thereupon  investigate  the  charges  so  preferred,  and 
if  he  be  satisfied  that  the  provisions  of  this  section  have  been 
violated,  it  shall  be  his  duty  to  prosecute  the  person  or  persons 
guilty  thereof.  (Laws  of  1901,  pages  65-66.) 

Section  1710.  False  Weights — Penalty.  Any  person  or  per- 
sons having  or  using  any  scale  or  scales  for  the  purpose  of  weigh- 
ing the  output  of  coal  at  mines,  so  arranged  or  constructed  that 
fraudulent  weighing  may  be  done  thereby,  or  who  shall  knowing- 
ly resort  to  or  employ  any  means  whatsoever,  by  reason  of  which 
such  coal  is  not  correctly  weighed  and  reported  in  accordance 
with  the  provisions  of  this  Article,  shall  be  deemed1  guilty  of  a 
misdemeanor,  and  shall,  upon  conviction,  for  each  such  offense, 
be  punished  by  a fine  of  not  less  than  Two  Hundred  Dollars  nor 
more  than  Five  Hundred  Dollars,  or  by  imprisonment  in  the 
county  jail  for  a period  not  to  exceed  sixty  days,  or  by  both 
such  fine  and  imprisonment,  proceedings  to  be  instituted  in  any 
court  of  competent  jurisdiction.  (Laws  of  1901,  page  66.) 

WEIGHT  OF  COAL. 

(Revised  Codes.) 

Section  2023.  Standard  Ton  and  Bushel.  The  ton  consists 
of  twenty  hundred  pounds,  but  a ton  of  mineral  coal  is  express- 
ed by  the  conventional  quantity  of  twenty-six  and  one-third 


;2 


MINING  LAWS 


bushels  of  seventy-six  pounds  each.  A bushel  of  each  of  the 
articles  hereinafter  named  consists  of  the  number  of  pounds 
affixed  to  each,  to-wit. 

* * * * * 

Coal,  Mineral  76 

Any  person,  persons,  companies  or  corporations  who  shall  vio- 
late the  provisions  of  this  section  by  demanding,  exacting  or 
taking  more  than  the  prescribed  number  of  pounds  per  bushel  or 
per  ton  as  fixed  by  the  provisions  of  this  Section,  shall  be  guilty 
of  a misdemeanor  and  upon  conviction  thereof,  shall  be  pun- 
ished by  a fine  of  not  less  than  O'ne  Hundred  Dollars,  nor  more 
than  Five  Hundred  Dollars,  or  by  imprisonment  in  the  county 
jail  not  less  than  three  nor  more  than  six  months  or  by  both 
such  fine  and  imprisonment,  in  the  discretion  of  the  court.  (Laws 
of  1901,  page  137.) 

Depositing  Coal  Slack  in  Streams  Prohibited. 

(Revised  Codes.) 

Section  8557.  Depositing  Coal  Slack  in  Streams.  All  per- 
sons owning  or  having  in  operation,  and  all  persons  who  may 
hereafter  own  or  put  in  operation  in  the  State  of  Montana,  either 
in  person  or  by  agent,  any  coal  mine  on  any  stream  containing 
fish  or  water  which  is  used  for  domestic  purposes,  or  for  irriga- 
tion, are  hereby  required  to>  so  oare  for  any  coal  slack  or  other 
refuse  emanating  from  such  coal  mining  operation  as  to  prevent 
the  same  from  mingling  with  the  waters  of  such  streams.  (Laws 
of  1903,  Chapter  6.) 

Section  8558.  Same — Penalty.  All  persons  owning  or  oper- 
ating, or  who  may  hereafter  own  or  operate  any  coal  mine  on 
any  stream  containing  fish  or  water  which  is  used  for  domestic 
purposes,  or  for  irrigation,  who  shall  dump,  cart  or  deposit,  or 
cause  or  suffer  to  be  deposited  in  such  stream  any  such  coal- 
slack  or  other  refuse  emanating  from  such  coal-mining  operation, 
shall  be  deemed  guilty  of  a misdemeanor,  and,  upon  conviction 
thereof  before  any  court  of  competent  jurisdiction,  shall  be 
fined  in  any  sum  not  less  than  two  hundred  ($200)  dollars  nor 
more  than  five  hundred  ($500)  dollars  for  each  and  every  offense. 
(Laws  of  1903,  Chapter  6.) 


STATE  OF  MONTANA. 


33 


Penalty  For  Violation  of  Law. 

> (Revised  Codes.) 

Section  8559.  Regulation  of  Coal  Mines.  Every  person  who 
violates  any  of  the  provisions  of  Chapter  XX.,  Title  VII.,  Part 
III.,  of  the  Political  Code,  relating  to  the  regulation  of  coal 
mines,  is  guilty  of  a misdemeanor. 

Chapter  4. 

' Accident  and  Total  Disability  Insurance  for  Coal  Miners. 

(Act  of  March  4,  1909.) 

SENATE  BILL  NO.  56. 

An  Act  to  create  a State  Accident  Insurance,  and  Total  Per- 
manent Disability  Fund,  for  coal  miners  and  employees  at 
coal  washers  in  the  State  of  Montana,  and  providing  for 
the  maintenance  and  management  of  the  same;  extending 
and  defining  the  duties  of  the  State  Auditor ; and  fixing 
penalties  for  the  violation  of  the  provisions  of  this  Act. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  State  of  Montana : 

Section  1.  To  Whom  Act  Applies.  All  workmen,  laborers 
and  employees  employed  in  and  around  any  coal  mines,  or  in  and 
around  any  coal  washers  in  which  coal  is  treated,  except  office 
employees,  superintendents  and  general  managers,  shall  be  in- 
sured in  accordance  with  the  provisions  of  this  Act,  against  acci- 
dents occurring  in  the  course  of  their  occupations. 

Section  2.  How  Fund  Raised — To  Whom  Paid.  All  corpora- 
tions, partnerships,  associations  or  persons  engaged  in  the  busi- 
ness of  operating  any  coal  mine  or  coal  washers  in  the  State  of 
Montana  shall  pay  to  the  Auditor  of  the  State,  within  five  days 
after  the  monthly  wages  at  the  particular  mine  shall  have  been 
paid,  one  cent  per  ton  on  the  tonnage  of  coal  mined  and  shipped, 
or  sold  locally,  or  having  been  mined  is  ready  for  shipment  or 
sale  during  the  month  for  which  the  wages  \yere  paid;  and  all 
persons  mentioned  in  Section  1 employed  in  and  about  coal 
mines  shall  allow  to  be  deducted  from  their  gross  monthly  earn- 
ings one  percent  thereof,  the  deduction  to  be  made  by  the  agent, 
manager,  or  foreman  of  any  corporation,  association,  partner- 
ship, person  or  persons  engaged  in  the  business  of  operating 
any  coal  mine  or  coal  washer,  and  paid  to  the  State  Auditor 
within  five  days  after  such  monthly  wages  have  been  paid. 


34 


MINING  LAWS 


Section  3.  Agents  to  Report  Tonnage  Mined — Contracts 
Waiving  Effect  of  Act  Void.  The  agent,  manager,  foreman,  or 
accountant  of  any  corporation,  partnership,  association,  person 
or  persons,  engaged  in  mining  coal  in  Montana,  shall  on  or 
before  the  fifth  day  succeeding  the  pay  day  at  his  respective 
mine,  make  report  under  oath  to  the  State  Auditor  as  to  the 
tonnage  mined  and  subject  to  the  payment  of  one  cent  per  ton 
thereon;  and  stating  the  gross  earnings  subject  to  the  one  per- 
cent deduction  as  provided  in  this  Act,  accompanied  by  a certi- 
fied check  in  full  for  the  amount  of  the  tax  provided  in  Section 
2 of  this  Act.  It  shall  be  unlawful  for  any  person,  employer, 
employee,  corporation,  partnership,  association  or  union  to  make 
any  contract  waiving,  avoiding  or  affecting  the  full  legal  effect 
of  this  Act. 

Section  4.  Receipt  of  Funds  by  Auditor — Duties — Liabilities 
of  Sureties  State  Treasurer— Interest.  It  is  hereby  made  the 
duty  of  the  State  Auditor  to  receive  all  moneys  as  provided  for 
in  this  Act,  and  to  send  the  proper  acknowledgement  to  the  per- 
son making  such  remittance.  The  Auditor  shall  pay  all  moneys 
so  received  by  him  to  the  State  Treasurer,  who  shall  keep  such 
sums  in  safe  custody  in  a distinct  fund  to  be  known  as  the 
Employers  and  Employees  Co-Operative  Insurance  and  Total 
Permanent  Disability  Fund.  The  State  Treasurer  must  invest 
the  surplus  of  this  fund  in  safe  and  convertible  State,  County  or 
City  bonds  or  bonds  of  the  United  States.  All  interest  accru- 
ing from  such  investments  shall  be  accredited  to  this  insurance 
fund.  The  bond  of  the  State  Treasurer  shall  be  liable  for  such 
funds,  and  it  shall  be  his  duty  to  keep  accurate  accounts  of  the 
receipts  and  disbursements  of  such  money. 

Section  5.  Payment  of  Death  Claims — To  Whom — Duty  of 
Auditor — Personal  Inquiries — How  Compensation  Paid.  The 
Auditor  of  State  shall  keep  full  statistics  of  the  operation  of  this 
function  of  his  department  in  the  event  of  death  by  accident 
of  an  employee  insured  under  this  act,  who  shall  have  come  to 
his  death  in  the  course  of  his  employment  and  by  causes  arising 
therein.  The  Auditor  of  State  upon  being  satisfied  by  adequate 
evidence  of  such  death  shall  issue  a warrant  upon  the  State 
Treasurer  to  persons  dependent  upon  the  deceased,  these  war- 
rants to  issue  in  the  followinf  order:  (1.)  To  surviving  wife 
and  child,  or  children,  in  equal  shares,  and  if  neither  wife  or 


STATE  OF  MONTANA. 


35 


child,  or  children  be  alive,  then  (2.)  to  surviving  parents  who  are 
dependent,  or  partially  so,  upon  the  deceased ; if  none,  then  (3.) 
to  such  other  relative  of  the  deceased  as  survive  him  and  are 
dependent  upon  him,  in  the  sum  of  Three  Thousand  ($3,000.00) 
Dollars. 

A workman  receiving  injuries  which  permanently  incapaci- 
tate him  from  the  performance  of  work  shall  receive  a compen- 
sation monthly,  not  to  exceed  One  Dollar  ($1.00)  a day  for 
each  working  day.  Compensation  for  permanent  injury  shall 
not  be  allowed  until  after  the  expiration  of  twelve  weeks  from 
the  time  such  injuries  were  sustained,  provided  that  the  medical 
practitioner  examines  and  pronounces  the  injury  as  being  per- 
manent, compensation  may  then  be  allowed  from  commence- 
ment of  disability.  The  Auditor  of  State,  however,  may,  when 
in  hi9  judgement  he  deems  it  advisable,  use  so  much  of  the 
funds  as  is  necessary  in  the  procuring  of  a medical  practitioner, 
for  the  purpose  of  examination  or  treatment  under  this  Act, 
for  such  injuries  as  herein  mentioned  compensation  shall  con- 
tinue during  disability,  or  until  settlement  is  affected  as  pn> 
vided  for  in  Section  9 of  this  Act.  Total  or  permanent  disa- 
bility shall  consist  of  the  loss  of  both  legs  or  both  arms,  the  total 
loss  of  eye  sight  or  paralysis,  or  other  conditins  incapacitating 
him  from  work,  caused  by  accident,  or  injuries  received  during 
employment  as  specified  by  this  Act ; provided,  that  if  death, 
as  a result  of  the  injury,  ensues  at  a period  not  longer  than  one 
year  from  date  of  accident  the  sum  of  Three  Thousand  Dollars 
($3,000.00)  shall  be  paid  the  deceased  workman’s  dependents  as 
hereinbefore  provided.  The  representatives  of  a foreigner, 
except  the  widow  or  dependent  children,  who  were  not  living 
within  the  country  at  the  time  of  the  accident,  shall  have  no 
claim  for  the  compensation  provided  for  in  this  Act.  Such 
foreign  person  shall  file  their  foreign  address,  if  married,  with 
the  office  of  their  employer  with  whom  they  are  employed  and 
duplicate  thereof  with  the  State  Auditor,  giving  their  wife’s 
name  and  dependent  children,  and  such  other  identification  as 
may  be  required  by  the  Auditor  of  State.  Loss  of  any  limb,  or 
eye,  caused  by  accident  to  a workman  while  employed  as  pro- 
vided for  in  this  Act,  shall  be  compensated  for  in  the  sum  of 
One  Thousand  ($1,000.00)  Dollars,  provided,  that  in  the  event 
there  shall  be  no  funds  available  in  the  fund  to  pay  the  Auditor’s 


36 


MINING  LAWS 


warrant  when  drawn  the  same  shall  draw  interest  out  of  the 
fund  at  the  rate  of  ten  per  cent  per  annum  until  such  warrant 
is  called  for  payment  by  the  Treasurer  which  shall  be  as  soon 
as  the  fund  is  sufficient  to  pay  the  same  with  its  interest  then 
due. 

Section  6.  Monthly  Payments — Applications  for.  Where  a 
a workman  is  entitled  to  monthly  payments  under  this  Act,  he 
shall  file  with  the  Auditor  of  State  his  application  for  such, 
together  with  a certificate  from  the  County  physician  of  the 
County  wherein  he  resides,  attested  before  a Notary  Public. 

Section  7.  Fraudulent  Claims — Duty  of  Auditor.  If  any  per- 
son or  persons,  company  or  corporation  who  is  then  paying  into 
this  insurance  fund  shall  believe  that  any  person  or  persons  are 
obtaining,  or  having  made  application  to  obtain  benefits  here- 
under improperly  or  fraudulently  and  shall  file  his  written 
request  that  such  person’s  claim  be  investigated,  the  State  Audi- 
tor must  upon  the  receipt  of  such  request,  request  the  Secretary 
of  the  State  Board  of  Health  to  make  an  examination  for  the 
purpose  of  this  Act  and  his  certificate  as  to  the  condition  of  the 
person  or  persons  with  reference  to  their  rights  to  benefit  under 
this  Act  shall  be  conclusive  evidence  as  to  his  condition. 

Section  8.  Claimant  Refusing  to  Submit  to  Examination — 
Effect.  If  the  workman  refuses  to  submit  himself  to  such  exam- 
ination, or  in  any  way  obstructs  the  same,  his  right  to  compensa- 
tion under  this  Act  shall  be  suspended  until  such  examination 
takes  place,  and  shall  absolutely  cease  unless  he  submits  for  an 
examination  within  one  month  after  being  required  to  do  so. 

Section  9.  Monthly  Payments — Redemption  by  Lump  Sum — 
Amount.  When  any  monthly  payment  has  been  made  to  a 
workman  for  any  period  whatever,  the  liability  under  this  Act, 
may  on  the  application  by,  or  on  behalf  of  the  workman,  be 
redeemed  by  the  payment  of  a lump  sum,  which  in  no  instance 
shall  be  in  excess  of  the  amount  specified  as  death  indemnity, 
and  all  monthly  payments  made  prior  shall  be  deducted  from 
such  settlement. 

Section  10.  Annual  Report  of  Auditor — Plenary  Power  to 
Adjust  Claims.  The  Auditor  of  State  shall  report  in  January 
of  each  year  to  the  Governor  of  the  experience  and  business  of 
this  function  of  his  department,  and  shall  have  plenary  power 
to  determine  all  disputed  cases  which  may  arise  in  its  administra- 


STATE  OF  MONTANA. 


37 


tion  not  herein  provided  for,  and  to  recommend  in  his  report  the 
rates  or  premium  necessary  in  order  to  preserve  such  fund,  and 
shall  order  paid  such  indemnification  as  herein  provided.  He 
shall  have  power  to  define  the  insurance  provisions  of  this  Act 
by  regulations  not  inconsistent  therewith  and  shall  prescribe  the 
character  of  the  monthly  or  other  reports  required  of  the  parties 
liable  hereunder  and  the  character  of  the  proofs  of  deaths,  or  to 
total  permanent  disability,  and  shall  have  power  to  make  all 
other  orders  and  rules  necessary  to  carry  out  the  true  intent  of 
this  Act. 

Section  n.  Release  of  Employer — Benefits  Exempted — Suit 

— Forfeiture  of  Benefits.  No  money  paid  or  payable  in  respect 
of  insurance  or  monthly  compensation  under  this  Act  shall  be 
capable  of  being  assigned,  charged,  taken  into  execution  or 
attached,  nor  shall  the  same  pass  to  any  other  person  by  opera- 
tion of  law ; and  the  acceptance  of  pecuniary  benefit  under  the 
provisions  of  this  Act  shall  operate  to  release  the  person  or  per- 
sons, corporation,  partnerships,  or  associations  causing  such 
injuries  or  death  for  which  benefits  are  so  claimed,  who  shall 
have  paid  the  assessment  provided  in  Section  2 of  this  Act,  and 
also  the  employer,  officers  and  agents  thereof  from  all  liability 
and  claim  arising  from  such  injuries  or  death.  The  commence- 
ment of  a suit  to  recover  for  such  injuries  or  death  shall  operate 
as  a forfeiture  of  the  right  to  benefit  under  this  Act. 

Section  12.  Violations  of  Provisions  of  Act — Penalties.  A 
manager,  agent,  foreman,  accountant,  person  or  persons  who 
represent  any  corporation,  partnership,  association,  person  or 
persons,  engaged  in  the  mining  or  managing  of  any  coal  mines 
or  coal  washers  in  Montana,  or  person  or  persons  liable  for  the 
payments  herein  provided  for  who  shall  violate  the  intent  of  this 
Act  by  inaccurate  reports  of  tonnage  of  coal  produced  by  them, 
or  the  earnings  of  employees  in  their  employ  or  who  in  any 
manner  hinders  or  obstructs  the  Auditor  of  State  in  ascertaining 
facts  bearing  upon  any  case  provided  for  in  this  Act  or  who  may 
refuse  correctly  to  make  out  such  reports  as  are  required  by  this 
Act,  or  as  requested  by  the  Auditor  of  State,  or  submit  to  its 
provisions,  when  liable  therefor,  or  who  shall  fraudulently  obtain 
benefits  hereunder  shall  be  fined  for  each  offense  the  sum  of  not 
less  than  One  Hundred  ($ioc.oo)  Dollars  nor  more  than  Five 
Hundred  ($500.00)  Dollars  and  imprisonment  in  the  County  jail 


38 


MINING  LAWS 


for  a period  of  not  less  than  one  month  nor  more  than  six 
months,  or  by  both  such  fine  and  imprisonment.  The  proceeds 
of  all  fines  shall  be  forwarded  to  the  State  Treasurer  and  by  him 
credited  to  the  Insurance  Fund. 

Section  13.  Act  Takes  Effect — When.  This  Aict  to  be  in  full 
force  and  effect  from  and  after  the  first  day  of  October  nineteen 
hundred  and  ten,  benefits  to  commence  iour  months  thereafter. 
(Approved  March  4,  1909.) 


DIVISION  III. 

LAWS  APPLICALBE  TO  BOTH  QUARTZ  AND  COAL 

MINING. 


(Article  V,  Part  III,  Title  VII,  Chapter  II,  Revised  Codes.) 

Chapter  1. 


Section  1734. 

1735. 

1736. 

1737. 

1738. 
1789. 

1740. 


Hours  and  Regulation  of  Labor. 

Hours  of  Labor,  Hoisting  Engineers. 

Penalties. 

Hours  of  Labor,  Underground  Mines. 

Same,  Smeltermen. 

Penalty. 

Hours  of  Labor — Municipalities — Mines — Mill  and  Smelt* 
ers. 

Penalty. 


Constitution. 

Article  XVIII,  Section  4.  A period  of  eight  hours  shall  con- 
stitute a day’s  work  on  all  works  or  undertakings  .carrier  on  or 
aided  by  any  munipical,  county  or  state  government,  and  on  all 
contracts  let  by  them,  and  in  mills  and  snuelters  for  the  treat- 
ment of  ores,  and  in  underground  mines. 

(Revised  Codes.) 

Section  1734.  Hours  of  Labor — Hoisting  Engines.  That  on 
and  after  the  first  day  of  May,  A.  D.,  1903,  it  shall  be  unlawful 
for  any  person  or  persons,  company  or  corporation,  to  operate  or 
handle,  or  to  induce,  persuade  or  prevail  upon  any  person  or  per- 
sons to  operate  or  handle,  for  more  than  eight  hours  in  twenty- 
four  hours  of  each  day,  any  hoisting  engine  at  or  in  any  mine. 
This  Act  shall  apply  only  to*  such  plants  as  are  in  continuous 
operation  or  are  operated  sixteen  or  more  hours  in  twenty-four 
hours  of  each  dav,  or  at  or  in  any  mine  where  said  hoisting 
engine  deve.lopes  fifteen  or  more  horse  power,  or  at  or  in  any 


STATE  OF  MONTANA. 


39 


mine  wherein  there  are  fifteen  or  more  men  employed  under- 
ground in  twenty-four  hours  of  each  day.  Provided,  however, 
that  the  provisions  of  this  Act  shall  not  apply  to  any  person  or 
persons  operating  any  hoisting  engine  more  than  eight  hours  in 
each  twenty-four  hours  for  the  purpose  of  relieving  another 
employee  in  case  of  sickness  or  other  unforeseen  cause  or  causes. 
(Laws  of  1903,  Chapter  53.) 

Section  1735.  Penalties.  Any  person  or  persons,  company 
or  corporation,  who  shall  violate  any  of  the  provisions  of  this 
Act,  shall,  upon  conviction,  be  punished  by  a fine  of  not  less  than 
ten  ($10.00)  dollars,  nor  more  than  one  hundred  ($100.00)  dol- 
lars; and  each  and  every  day  that  such  person  or  persons,  com- 
pany or  corporation  may  continue  to  violate  any  of  the  provi- 
sions of  this  Act  shall  be  considered  a separate  and  distinct 
offense  and  shall  be  punishable  as  such.  (Laws  of  1903,  Chapter 
53-) 

Section  1736.  Hours  of  Labor — Underground  Miners.  The 

period  of  employment  of  working  men  in  all  underground  mines 
or  workings,  shall  be  eight  (8)  hours  per  day,  except  in  cases 
of  emergency  where  life  or  property  is  in  imminent  danger. 
(Laws  of  1901,  page  62.) 

.Section  1737.  Same — Smeltermen.  The  period  of  employ- 
ment of  working  men  in  smelters,  stamp  mills,  sampling  works, 
concentrators,  and  all  other  institutions  for  the  reduction  of  ores, 
and  refining  of  ores  or  metals,  shall  be  eight  (8)  hours  per  day, 
except  in  cases  of  emergency  where  life  or  property  is  in  immi- 
nent danger.  (Laws  of  1901,  page  63.) 

Section  1738.  Penalty.  Any  person  or  persons,  body  cor- 
porate, agent,  manager  or  employer  who  shall  violate  any  of  the 
provisions  of  Sections  1736  or  1737  of  this  Act  shall  be 
deemed  guilty  of  a misdemeanor,  and  upon  conviction  thereof 
shall,  for  each  offense,  be  subject  to  a fine  of  not  less  than  One 
Hundred  Dollars  or  more  than  Five  Hundred  Dollars,  or  by  im- 
prisonment in  the  county  jail  for  a period  of  not  less  than  one 
(1)  month,  or  more  than  six  (6)  months  or  by  both  such  fine 
and  imprisonment.  (Laws  of  1901,  page  63). 

Section  1739.  Hours  of  Labor  for  Municipalities,  Mines, 
Mills  and  Smelters.  A period  of  eight  (8)  hours  shall  constitute 
a day’s  work  on  all  works  or  undertakings  carried  on  or  aided 
by  any  Municipal,  County,  or  State  Government,  and  on  all  con- 


40 


MINING  LAWS 


tracts  let  by  them,  and  in  mills  and  smelters  for  the  treatment 
of  ores,  and  in  underground  mines,  and  in  the  washing,  reducing 
or  treatment  of  coal.  (Laws  of  1907,  Chapter  108.) 

Section  1740.  Penalties.  Every  person,  corporation,  stock 
company  or  association  of  persons  who  violate  any  of  the  pro- 
visions of  Section  1739  of  this  Act  shall  be  guilty  of  a Mis- 
demeanor, and  upon  conviction  thereof  shall  be  punished  by  a 
fine  of  not  less  than  One  Hundred  (100)  Dollars  nor  more  than 
Five  Hundred  ($500)  Dollars,  or  by  imprisonment  in  the  county 
jail  for  not  less  than  Thirty  Daj^s  nor  more  than  Six  Months,  or 
by  both  such  fine  and  imprisonment.  (Laws  of  1907,  Chapter 
108.) 


Chapter  2. 

Prohibitions  Against  Child  Labor. 

(Article  IV.,  Part  III.,  Title  VII.,  Chapter  II.,  Revised  Codes.) 
Section  1746.  Employment  of  Children  Under  Sixteen  Years  in  Certain 
Occupations  Prohibited. 

1747.  Liability  of  Parent. 

1748.  Record  of  Children  Under  Sixteen  Years  of  Age. 

1749.  Age  Certificate. 

1750.  Enforcement  of  Act. 

1751.  Penalties. 

1752.  Prohibiting  Employment  of  Children  in  Mines. 

1753.  Permitting  Employment — Misdemeanor. 

1754.  Penalties. 

Constitution. 

Article  XVIII.,  Section  3 : It  shall  be  unlawful  to  employ 
children  under  the  age  of  sixteen  (16)  years  of  age  in  under- 
ground mines. 

(Revised  Codes.) 

Section  1746.  Employment  of  Children  in  Certain  Occupa- 
tions Prohibited.  Any  person,  company,  firm  , association,  or 
corporation  engaged  in  business  in  this  State,  or  any  agent, 
officer,  foreman  or  other  employee  having  control  or  manage- 
ment of  employees  or  having  the  power  to  hire  or  discharge 
employees,  who  shall  knowingly  employ  or  permit  to  be  employ- 
ed any  child  under  the  age  of  sixteen  years,  to  render  or  perform 
any  service  or  labor,  whether  under  contract  of  employment  or 
otherwise,  in,  on,  or  about  any  mine,  mill,  smelter,  workshop, 
factory,  steam,  electric,  hydraulic,  or  compressed  air  railroad. 


STATE  OF  MONTANA. 


-11 


or  passenger  or  freight  elevator  or  where  any  machinery  is  oper- 
ated, or  for  any  telegraph,  telephone  or  messenger  company, 
or  in  any  occupation  not  herein  enumerated  which 
is  known  to  be  dangerous  or  unhealthful,  or  which  may  be  in 
any  way  detrimental  to  the  morals  of  said  child,  shall  be  guilty 
of  a misdemeanor  and  punishable  as  hereinafter  provided.  (Laws 
of  1907,  Chapter  99.) 

Section  1747.  Liability  of  Parent.  Any  parent,  guardian  or 
other  person  having  the  care,  custody  or  control  of  any  child 
under  the  age  of  sixteen  years,  who  shall  permit  suffer  or  allow 
any  such  child  to  work  or  perform  service  for  any  person,  com- 
pany, firm,  association  or  corporation  doing  business  in  this 
State,  or  who  shall  permit  or  allow  any  such  child  over  whom 
he  has  such  care,  custody  or  control,  to  retain  such  employment 
as  is  prohibited  in  Section  1746  of  this  Act,  whether  under  con- 
tract of  employment  or  not,  shall  be.  guilty  of  a misdemeanor 
and  punishable  as  hereinafter  provided.  (Laws  of  1907,  Chapter 
99-) 

Section  1748.  Record  of  Children  Under  Age  of  Sixteen 

Years.  The  Corfimissioner  of  the  Bureau  of  Agriculture,  Labor 
and  Industry  shall  compile  and  preserve  in  his  office  from  reports 
made  to  him  by  the  County  Superintendent  of  Schools,  as  other- 
wise provided,  a full  and  complete  list  of  the  name,  age,  date 
of  birth  and  sex  of  each  child,  and  the  names  of  the  parents  or 
guardians  of  each  child  under  the  age  of  sixteen  years  who  is 
now  or  may  hereafter  become  a resident  of  this  State,,  and  such 
list  shall  be  the  official  record  of  the  age  of  children  in  this  State. 
(Laws  of  1907,  Chapter  99.) 

Section  1749.  Age  Certificate.  Upon  attaining  the  age  of 
sixteen  years  any  child  may  make  application  to  the  Commis- 
sioner of  the  Bureau  of  Agriculture,  Labor  and  Industry  for  an 
age  certificate,  which  must  be  presented  to  any  employer  with 
whom  such  child  may  seek  employment.  The  employer  if  such 
employment  be  given,  must  countersign  the  certificate,  and 
return  the  same  to  the  commissioner  of  said  bureau  who  shall 
keep  the  same  on  file  in  his  office.  Any  person,  firm,  com- 
pany, association  or  corporation  who  employs  or  permits  to  be 
employed  in  any  occupation  prohibited  in  Section  1746  of  this 
Act,  any  child  without  such  certificate  showing  the  child  to  be 
at  least  sixteen  years  of  age,  shall  be  guilty  of  a misdemeanor 


42 


MINING  LAWS 


and  punishable  as  hereinafter  provided,  should  such  child  prove 
less  than  16  years  of  age.  (Laws  of  1907,  Chapter  99.) 

Section  1750.  Enforcement  of  Act.  To  enforce  this  act  the 
Commissioner  of  the  Bureau  of  Agriculture,  Labor  and  Industry, 
the  Bureau  of  Child  and  Animal  Protection  and  all  county 
attorneys  shall,  each  upon  their  own  volition,  or  upon  the  sworn 
complaint  of  any  reputable  citizen  that  this  act  is  being  violated, 
make  prosecutions  for  such  violations.  (Laws  of  1907,  Chapter 
99-)  . 

Section  1751.  Penalties.  Every  person,  firm,  company,  asso- 
ciation or  corporation  who  violates  any  of  the  provisions  of 
this  Act  shall  be  guilty  of  a misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a fine  of  not  less  than  Twenty-Five 
Dollars  nor  more  than  Five  Hundred  Dollars,  or  by  imprison- 
ment in  the  county  jail  for  a period  of  not  less  than  thirty  days 
nor  more  than  six  months,  or  by  both  such  fine  and  imprison- 
ment. (Laws  of  1907,  Chapter  99.) 

Section  1752.  Prohibiting  Employment  of  Children  in  Mines. 
Any  person,  corporation,  stock  company  or  association  of  per- 
sons, owning  or  operating  any  underground  mine,  or  any  officer, 
agent,  foreman  or  boss,  having  the  control  or  management  of 
employees,  or  having  the  power  to  hire  or  discharge  employees, 
who  shall  employ,  or  knowingly  permit  to  be  employed  any 
child  under  the  age  of  sixteen  years,  for  work  or  service  in  any 
such  mine,  or  the  underground  workings  thereof,  or  permit  or 
allow  any  such  child  to  render  or  perform  any  work  or  service 
whatever  in  such  mine,  whether  under  contract  of  employment 
or  otherwise,  shall  be  guilty  of  a misdemeanor  and  punishable  as 
hereinafter  provided.  (Laws  of  1905,  Chapter  16.) 

Section  1753.  Permitting  Employment — Misdemeanor.  Any 
parent,  guardian  or  other  person  having  the  care,  custody,  or 
control  of  any  child  under  the  age  of  sixteen  years,  who  shall 
permit,  suffer,  or  allow  such  child  to  work  in  any  mine  having 
underground  workings,  or  who  shall  permit  or  allow  any  such 
child  over  whom  they  may  have  such  care,  custody  or  control 
to  retain  employment  in  any  such  mine,  or  who,  after  having 
knowledge  that  any  such  child  has  taken  employment  in  any  such 
mine,  or  is  performing  work  or  service  therein,  whether  under 
contract  of  employment  or  not,  shall  fail  forthwith  to  notify  the 
person  or  corporation  owning  or  operating  such  mine,  or  some 


STATE  OF  MONTANA. 


43 


officer,  foreman  or  employee  thereof  having  the  power  to  hire 
or  discharge  employees,  of  the  age  of  such  child,  shall  be  guilty 
of  a misdemeanor  and  punishable  as  hereinafter  provided. 
(Laws  of  1905,  Chapter.  16.) 

Section  1754.  Penalties.  Any  person  or  corporation  violat- 
ing any  of  the  provisions  of  this  Act  shall  be  guilty  of  a mis- 
demeanor, and  upon  conviction  thereof  shall  be  punished  by  a 
fine  not  less  than  Twenty-five  Dollars  ($25)  nor  more  than 
Five  Hundred  $(500)  Dollars,  or  by  imprisonment  in  the  County 
Jail  for  a period  of  not  less  than  thirty  days  nor  more  than  six 
months,  or  by  both  such  fine  and  imprisonment.  (Laws  of  1905, 
Chapter  16.) 


Chapter  3. 

Personal  Injuries — Obligations  of  Elmployer. 

(Article  II.,  Division  III.,  Part  IV.,  Title  VI.,  Chapter  I., 
(RevisecT  Codes.) 

Section  5246.  Mines,  Mills,  and  Smelters — Vice  Principals. 

5247.  Contract  of  Insurance  not  to  Release  Employers. 

5248.  Mining  Companies  Liable  for  Negligence  of  Certain 

Employees. 

5249.  Contract  of  Insurance  no  Bar  to  Recovery. 

5250.  Survival  of  Action. 

Section  5246.  Mines,  Mills  and  Smelters — Vice  Principals. 

That  every  company,  corporation,  or  individual  operating  any 
mine,  smelter  or  mill  for  the  refining  of  ores  shall  be  liable  for 
all  damages  sustained  by  an  employee  thereof  within  this  State, 
without  contributing  negligence  on  his  part  when  such  damage 
is  caused  by  the  negligence  of  any  superintendent,  foreman,  shift- 
boss,  hoisting  or  other  engineer,  or  crane-men.  (Laws  of  1903, 
Chapter  83.) 

Section  5247.  Contract  of  Insurance  not  to  Release  Employer. 

No  contract  of  insurance,  relief,  benefit,  or  indemnity  in  case 
of  injury  or  death,  nor  any  other  contract  entered  into  either 
before  or  after  the  injury,  between  the  person  injured  and  any 
of  the  employers  named  in  this  Act  shall  constitute  any  bar  or 
defense  to  any  cause  of  action  brought  under  the  provisions 
of  this  Act.  (Laws  of  1903,  Chapter  83.) 

Section  5248.  Mining  Companies  Liable  for  Negligence  of 
Certain  Employees.  That  every  company,  corporation,  or  indi- 


44 


MINING  LAWS 


vidual  operating  any  mine,  smelter  or  mill  for  the  refining  of 
ores  shall  be  liable  for  any  damages  sustained  by  any  employees 
thereof  within  this  state,  without  contributing  negligence  on 
his  part,  when  such  damage  is  caused  by  the  negligence  of  any 
superintendent,  foreman,  shift-boss,  hoisting,  or  other  engineer, 
ore  crane  men.  (Laws  of  1905,  Chapter  23.) 

Section  5249.  Contract  of  Insurance  no  Bar  to  Recovery.  No 
contract  of  insurance,  relief,  benefit,  or  indemnity  in  case  of  in- 
jury or  death,  nor  any  other  contract  entered  into  before  the  in- 
jury, between  the  persons  injured  and  any  of  the  employers 
named  in  this  Act  shall  constitute  any  bar  or  defense  to  any 
cause  of  action  brought  under  the  provisions  of  this  Act.  (Laws 
of  1905,  Chapter  23.) 

Section  5250.  Survival  of  Action.  In  case  of  the  death  of  any 
such  employees  in  consequence  of  any  injpry  or  damages  so  sus- 
tained, the  right  of  action  shall  survive  and  may  be  prosecuted 
and  maintained  by  its  heirs,  or  personal  representatives.  (Laws 
of  1905,  Chapter  23.) 

% 

Chapter  4. 

Extortion  by  Foremen,  Etc. 

(Part  I.,  Title  XIII.,  Chapter  VII.,  Revised  Codes.) 

Section  8678.  Receipt  or  Solicitation  of  Gifts,  by  Foremen  From  Em- 
ployees. 

8679.  Immunity  of  Witnesses. 

Section  8678.  Receipt  or  Solicitation  of  Gifts,  by  Foremen 
From  Employees.  That  any  superintendent,  foreman,  assistant 
boss,  or  any  other  person  or  persons,  who  shall  receive,  or  solicit, 
or  cause  to  be  received  or  solicited,  any  sum  of  "money  or  other 
valuable  consideration,  from  any  person  for  or  on  account  of 
the  employment,  or  the  continuing  of  the  employment  of  such 
person,  or  of  any  one  else,  or  for,  or  on  account  of  any  promise, 
or  agreement,  to>  employ  or  to  continue  to  employ,  any  such  per- 
son, or  any  one  else,  shall  be  guilty  of  a misdemeanor  and  upon 
conviction  shall  be  subject  to  a fine  of  not  more  than  one  thou- 
sand ($1,000)  dollars,  or  undergo  an  imprisonment  in  the  county 
jail  of  not  more  than  one  (1)  year,  or  both,  at  the  discretion  of 
the  court.  (Laws  of  1907,  Chapter  52.) 

Section  8679.  Immunity  of  Witnesses.  No  person  shall  be 
excused  from  attending  or  testifying,  or  producing  any  books. 


STATE  OF  MONTANA. 


45  , 


papers,  documents,  or  any  thing,  or  things  before  any  court,  or 
magistrate  upon  any  investigation,  proceeding,  or  tiral,  for  a vio- 
lation of  any  of  the  provisions  of  this  Act,  upon  the  ground,  or 
for  the  reason  that  the  testimony,  or  evidence,  documentary,  or 
otherwise  required  of  him,  may  tend  to  convict  him  of  a crime, 
or  to  subject  him  to  a penalty,  or  forfeiture;  but  no  person  shall 
be  prosecuted  or  subjected  to  any  penalty,  or  forfeiture  for  or  on 
account  of  any  transaction,  matter  or  thing  concerning  which  he 
may  so  testify,  or  produce  evidence  of  documentary  or  other- 
wise ; and  no  testimony  or  evidence  so  given,  or  produced  shall 
be  received  against  him  in  any  civil  or  criminal  proceeding, 
action  or  investigation.  (Laws  of  1907,  Chapter  52.) 

Chapter  5. 

Company  Store  Act. 

(Part  III.,  Title  VII. , Chapter  II.,  Article  V.,  Revised  Codes.) 
Section  1744.  Labor — Payment — What  Illegal. 

1745.  Violation  of  Act — Penalty. 

Section  1744.  Labor — Payment  in  Script  Prohibited.  It  shall 
be  unlawful  for  any  person,  firm,  company,  corporation  or  trust, 
or  the  business  manager  or  agent  of  any  such  person,  firm,  com- 
pany, corporation  or  trust,  to  sell,  give,  deliver  or  in  any  way 
directly  or  indirectly,  to  any  employed  by  him,  or  it  in  payment 
of  wages  due  or  to  become  due,  any  script,  token,  check,  draft, 
order,  credit,  or  any  book  of  account  or  other  evidence  of  indebt- 
ness  payable  to  bearer  or  to  his  assignees,  except  as  hereinafter 
provided,  but  such  wages  shall  be  paid  only  in  lawful  money 
of  the  United  States,  or  by  check  or  draft  drawn  upon  some 
bank  in  which  such  person,  firm,  company,  corporation  or  trust, 
or  the  agent  or  business  manager  of  such  person, 
firm,  company,  corporation,  or  trust,  has  money  upon 
deposit  to  cash  the  same,  and  no  assignment  of  any 
wages  due  or  to  become  due  to  any  employee,  shall  be  made 
to  any  person,  firm,  company,  corporation  or  trust,  or  the  busi- 
ness manager  or  agent  of  any  such  person,  firm,  company,  cor- 
poration or  trust,  or  to  any  one  interested  directly  or  indirectly, 
in  any  firm,  company,  corporation  or  trust  employing  said  lab- 
orer. And  any  contract  to  the  contrary  shall  be  void;  provided, 
however,  this  shall  not  prevent  ranchmen,  farmers,  lumber 
camps,  or  mining  camps  from  supplying  their  employees  or  pay- 


46 


MINING  LAWS 


ing  said  employees  in  other  than  cash  or  check  where  there  is 
no  bank  or  other  store  than  that  owned  by  said  employers  at 
which  said  employees  may  purchase  supplies,  or  cash  their  bank- 
able checks  received  for  their  labor.  (Laws  of  1901,  page  147.) 

Section  1745.  Violation  of  Act — Penalty.  Every  person,  com- 
pany, corporation  or  trust  or  agent  or  business  manager  of  such 
firm,  company,  corporation  or  trust  who  violates  any  of  the  pro- 
visions of  this  act,  shall  be  guilty  of  a misdemeanor,  and  upon 
conviction  thereof,  shall  be  subject  to  a fine  of  not  less  than  One 
Hundred  ($100.00)  Dollars,  or  more  than  Five  Hundred  $500.00) 
Dollars  or  by  imprisonment  in  the  county  jail  of  not  less  than 
one  month  or  m/ore  than  six  months,  or  by  both  such  fine  and 
imprisonment.  (Laws  of  1901,  page  147.) 


Section  2283. 

2284. 

2285. 

2286. 

2287. 

2288. 

2289. 

2290. 

2291. 

2292. 

2293. 

2294. 

2295. 

2296. 

3613. 

3614. 
3616. 


DIVISION  IV. 

MISCELLANEOUS  PROVISIONS. 

Chapter  1. 

Location  of  Quartz  Lode  Mining  Claims. 

(Revised  Codes.) 

Discovery,  Notice,  Marking  Boundaries,  Sinking  Shaft. 
Record  of  Certificate  of  Location. 

Mill  Sites. 

Relocation  of  Abandoned  Claims. 

Rights  of  Relocator. 

Amended  Location. 

Relocation  by  Owner. 

Amendment  or  Relocation  not  a Waiver  of  Acquired 
Rights. 

Rights  of  Third  Persons  not  Affected. 

Validating  Location  Heretofore  Made. 

Defective  Locations  Good  Against  Persons  With  Notice. 
Effect  of  Patent. 

Amended  Locations. 

Effect  of  Amended  or  Additional  Declaratory  Statement. 
— Record. 

(Political  Code,  1895).  Placer  Locations  Heretofore  Made, 
Effect  of. 

(Political  Code,  1895).  Annual  Work — Affidavit — Contents 
— Record. 

(Political  Code,  1895).  Official  Survey — Certificate — Part 
of  Declaratory  Statement. 


Section  2283.  Discovery — Notice — Marking  Boundaries — 

Sinking  Shaft.  Any  person  who-  discovers,  upon  the  public 


STATE  OF  MONTANA. 


17 


domain  of  the  United  States,  within  the  State  of  Montana,  a 
vein,  lode  or  ledge  of  rock  in  place,  bearing  gold,  silver,  cinnabar, 
lead,  tin,  copper  or  other  valuable  deposits,  or  a placer  deposit 
of  gold,  or  other  deposit  of  minerals  having  a commercial  value 
which  is  subject  to  entry  and  patent  under  the  mining  laws  of 
the  United  States,  may,  if  qualified  by  the  laws  of  the  United 
States,  locate  a mining  claim  upon  such  vein,  lode,  ledge  or 
deposit,  in  the  following  manner,  viz: 

I.  He  shall  post,  conspicuously,  at  the  point  of  discovery  a 
written  or  printed  notice  of  location,  containing  the  name  of 
the  claim,  the  name  of  the  locator,  (or  locators,  if  there  be  more 
than  one,)  the  date  of  the  location,  which  shall  be  the  date  of 
posting  such  notice,  and  the  approximate  dimensions  of  area 
of  the  claim  intended  to  be  appropriated. 

II.  Within  thirty  days  after  posting  the  notice  of  location,  he 

shall  distinctly  marke  the  location  on  the  ground  so  that  its 
boundaries  can  be  readily  traced.  It  shall  be  prima  facie  evi- 
dence that  the  location  is  properly  marked  if  the  boundaries 
are  defined  by  a monument  at  each  corner  or  angle  of  the  claim, 
consisting  of  any  one  of  the  following  kinds : (i)  A tree  at  least 

eight  inches  in  diameter,  and  blazed  on  four  sides.  (2)  A post 
at  least  four  inches  square  by  four  feet  six  inches  in  length,  set 
one  foot  in  the  ground,  unless  solid  rock  should  occur  at  a less 
depth,  in  which  case  the  post  should  be  set  upon  such  rock, 
and  surrounded  in  all  cases  by  a mound  of  earth  or  stone  at  least 
four  feet  in  diameter  by  two  feet  in  height.  A squared  stump, 
of  the  requisite  size,  surrounded  by  such  mound  shall  be  deemed 
the  equivalent  of  a post  and  mound.  (3)  A Stone  at  least  six 
inches  square  by  eighteen  inches  in  length,  set  two-thirds  of  its 
length  in  the  ground,  with  a mound  of  earth  or  stone  along  side 
at  least  four  feet  in  diameter  by  two  feet  in  height,  or  (4)  a 
boulder  at  least  three  feet  above  the  natural  surface  of  the 
ground  on  the  upper  side. 

Where  other  monuments,  or  monuments  of  lesser  dimensions 
than  those  above  described,  are  used,  it  shall  be  a question  for 
the  jury,  or  for  the  court  where  the  action  is  tried  without  a 
jury,  as  to  whether  the  location  has  been  marked  upon  the 
ground  so  that  its  boundaries  can  be  readily  traced.  Whatever 
monument  is  used,  it  must  be  marked  with  the  name  of  the  claim 
and  the  designation  of  the  corner,  either  by  number  or  cardinal 
point. 


48 


MINING  LAWS 


III.  Within  sixty  days  after  posting  such  notice,  he  shall  sink 
a shaft  upon  the  vein,  lode  or  deposit,  at  or  near  the  point  of 
discovery,  to  be  known  as  the  discovery  shaft.  Such  shaft  shall 
be  sunk  to  the  depth  of  at  least  ten  feet,  vertically,  below  the 
lowest  part  of  the  rim  of  such  shaft  at  the  surface,  or  deeper  if 
necessary  to  disclose  the  vein  or  deposit  located,  and  the  cubical 
contents  of  such  shaft  shall  be  not  less  than  one  hundred  and 
fifty  cubic  feet ; provided,  that  any  cut  or  tunnel  which  discloses 
the  vein,  lode  or  deposit  located  at  a vertical  depth  of  at  least  ten 
feet  below  the  natural  surface  of  the  ground  and  which  consti- 
tutes at  least  one  hundred  and  fifty  cubic  feet  of  excavation, 
shall  be  deemed  the  equivalent  of  such  shaft,  and,  provided  also, 
that,  where  the  vein,  lode  or  deposit  located  is  disclosed  at  a less 
vertical  depth  than  ten  feet,  any  deficiency  in  the  depth  of  the 
discovery  shaft,  cut  or  tunnel  may  be  compensated  for  by  any 
horizontal  extension  of  such  working,  or  by  any  excavation  done, 
elsewhere  upon  the  claim,  equalling,  in  cubical  contents,  the 
cubical  extent  of  such  deficiency;  but  in  every  case  at  least  75 
cubic  feet  of  excavation  shall  be  made  at  the  point  of  discovery. 
(Laws  of  1907,  Chapter  16.) 

Section  2284.  Record  of  Certificate  of  Location.  Within  sixty 
days  after  posting  the  notice  of  location  and  for  the  purpose  of 
constituting  constructive  notice  of  the  location,  the  locator  shall 
record  his  location  in  the  office  of  the  county  clerk  of  the  county 
in  which  such  mining  claim  is  situated.  Such  record  shall  consist 
of  a certificate  of  location  containing: 

I.  The  name  of  the  lode  or  claim. 

II.  The  name  of  the  locator  or  locators,  if  there  be  more  than 
one. 

III.  The  date  of  location,  and  such  description  of  said  claim, 
with  reference  to  some  natural  object  or  permanent  monument, 
as  will  identify  the  claim. 

IV.  In  the  case  of  a lode  claim,  the  direction  and  distance 
claimed  along  the  course  of  the  vein  each  way  from  the  discovery 
shaft,  cut  or  tunnel,  with  the  width  claimed  on  each  side  of  the 
center  of  the  vein. 

V.  In  the  case  of  a placer  claim,  the  dimensions  or  area  of 
the  claim,  and  the  location  thereon  on  the  discovery  shaft,  cut  or 
tunnel. 

VI.  The  locator  and  claimant,  at  his  option,  may  also  set 


STATE  OF  MONTANA. 


49 


forth,  in  such  certificate  of  location,  a description  of  the  discov- 
ery work,  the  corner  monuments  and  the  markings  thereon,  and 
any  other  facts  showing  a compliance  with  the  provisions  of  this 
law. 

Such  certificate  of  location  must  be  verified,  before  some  officer 
authorized  to  administer  oaths,  by  the  locator,  or  one  of  the  locat- 
ors, if  there  be  more  than  one,  or  by  authorized  agent.  In  the 
case  of  a corporation,  the  verification  may  be  made  by  any  officer 
thereof,  or  by  an  authorized  agent.  When  the  verification  is 
made  by  an  Agent,  the  fact  of  the  agency  shall  be  stated  in  the 
affidavit. 

A certificate  of  location  so  verified,  or  a certified  copy  thereof, 
is  prima  facie  evidence  of  all  facts  properly  recited  therein. 
(Laws  of  1907,  Chapter  16.) 

Section  2285.  Mill  Sites.  Millsite  claims  may  be  located  and 
recorded  in  the  same  manner  as  other  claims,  except  that  no  dis- 
covery or  discovery  work  is  required.  Where  a millsite  claim  is 
appurtenant  to  a mining  claim,  the  certificate  of  location  of  such 
millsite  claim  shall  describe,  by  appropriate  reference,  the  min- 
ing claim  to  which  it  is  appurtenant.  (Laws  of  1907,  Chapter 
16.) 

Section  2286.  Re-location  of  Abandoned  Claim.  The  re-locator 
of  an  abandoned  or  forfeited  mining  claim  may  adopt  as  his 
discovery  any  shaft  or  other  .working,  existing  upon  such  claim 
at  the  date  of  the  re-location,  in  which  the  vein,  lode  or  deposit 
is  disclosed,  but,  in  such  shaft  or  other  working,  he  shall  perform 
the  same  discovery  work  as  is  required  in  the  case  of  an  original 
location.  (Laws  of  1907,  Chapter  16.) 

Section  2287.  Rights  of  Re-locator.  The  rights  of  a re-locator 
of  any  abandoned  or  forfeited  mining  claim,  hereafter  re-located, 
shall  date  from  the  posting  of  his  notce  of  location  thereon,  and, 
while  he  is  duly  performing  the  acts  required  by  law  to'  perfect 
his  location,  his  rights  shall  not  be  affected  by  any  re-entry  or 
resumption  of  work  by  the  former  locator  or  claimant.  (Laws 
of  1907,  Chapter  16.) 

Section  2288.  Amended  Location.  A locator  or  claimant 
may,  at  any  time,  amend  his  location  and  make  any  change  in  the 
boundaries  which  does  not  involve  a change  in  the  point  of  dis- 
covery as  shown  by  the  discovery  shaft  by  marking  the  location 
as  amended  upon  the  ground,  and  filing  an  amended  certificate 


50 


MINING  LAW)S 


of  location  conforming  to  the  requirements  of  an  original  certifi- 
cate of  location.  A defect  in  a recorded  certificate  of  location 
may  be  cured  by  filing  an  amended  certificate.  (Laws  of  1907, 
Chapter  16.) 

Section  2289.  Re-location  by  Owner.  A locator  or  claimant 
may  at  any  time,  re-locate  his  own  claim  for  any  purpose,  except 
to  avoid  the  performance  of  annual  labor  thereof,  and,  by  such 
re-location,  may  change  the  boundaries  of  his  claim,  or  the  point 
of  discovery,  or  both,  but  such  re-location  must  comply  in  all 
respects,  with  the  requirements  of  this  law  as  to  an  original 
location.  (Laws  of  1907,  Chapter  16.) 

Section  2290.  Amendment  or  Re-location  Not  a Waiver  of 
Acquired  Rights.  Where  a locator  or  claimant  amends  or  re- 
locates his  own  claim,  such  amendment  or  re-location  shall  not 
be  construed  as  a waiver  of  any  right  or  title  acquired  by  him 
by  virtue  of  the  previous  location  or  record  thereof,  except  as  to 
such  portions  of  the  previous  location  as  may  be  omitted  from 
the  boundaries  of  the  claim  as  amended  or  re-located.  As  to  the 
portion  of  ground  included  both  in  the  original  location  and  the 
location  as  amended  or  re-located,  he  may  rely  either  upon  the 
original  location  or  the  location  as  amended  or  re-located,  or 
upon  both.  Provided,  that  nothing  herein  contained  shall  be 
construed  as  permitting  the  locator  or  claimant  to  hold  a tract 
which  does  not  include  a valid  discovery.  (Laws  of  1907,  Chap- 
ter 16.) 

Section  2291.  Rights  of  Third  Persons  not  Affected.  No 

amendment  or  re-location  of  a mining  claim  by  the  locator  or 
claimant  thereof  shall  interfere  with  the  right  of  any  third  per- 
son existing  at  the  time  of  such  amendment  or  re-location.  (Laws 
1907,  Chapter  16.) 

Section  2292.  Validating  Locations  Heretofore  Made.  All 

mining  locations,  made  and  recorded  under  the  laws  of  this 
state,  heretofore  in  force,  that  in  any  respect  have  failed  to  con- 
form to  the  requirements  of  such  laws,  shall,  nevertheless,  in  the 
absence  of  the  rights  of  third  persons  accruing  prior  to  the  pas- 
sage of  this  Act,  be  valid  if  the  making  and  recording  of  such 
locations  conform  to  the  requirements  of  this  Act.  (Laws  of 
1907,  Chapter  16.) 

Section  2293.  Defective  Locations  Good  Against  Persons 
With  Notice.  The  period  of  time,  prescribed  by  this  law  for  the 


STATE  OF  MONTANA. 


51 


performance  of  any  act,  shall  not  be  deemed  mandatory  where 
the  act  is  performed  before  the  rights  of  third  persons  have 
intervened,  and  no  defect  in  the  posted  notice  or  recorded  certi- 
ficate shall  be  deemed  material,  except  as  against  one  who  has 
located  the  sarnie  ground,  or  some  portion  thereof,  in  good  faith 
and  without  notice.  Notice  to  an  agent,  who  makes  a location 
in  behalf  of  another,  shall  be  deemed  notice  to  his  principal,  and 
notice  to  one  of  several  co-claimants  shall  be  deemed  notice  ta 
all.  (Laws  of  1907,  Chapter  16.) 

Section  2294.  Effect  of  Patent.  The  issuance  of  a United 
States  Patent  for  a mining  claim  shall  be  deemed  conclusive  that 
the  requirements  of  the  laws  of  this  state  relative  to  the  location 
and  record  of  such  mining  claim,  have  been  duly  complied  with ; 
provided,  however,  that  where  questions  of  priority  are  involved 
the  date  of  the  location  shall  be  an  issuable  fact  where  it  is 
claimed  to  have  been  prior  to  the  date  of  the  record  of  the  loca- 
tion. (Laws  of  1907,  Chapter  16.) 

Section  2295.  Amended  Locations.  If  at  any  time  the  loca- 
tor of  any  mining  claim  heretofore  or  hereafter  located,  or  his 
successors  or  assigns,  shall  apprehend  that  his  original  declara- 
tory statement  was  defective  or  erroneous,  or  that  the  require- 
ments of  law  had  not  been  complied  with,  or  shall  be  desirous 
of  changing  his  boundaries,  or  taking  in  any  part  of  an  overlap- 
ping claim  which  has  been  abandoned,  or  in  case  his  original 
declaratory  statement  was  filed  prior  to  the  passage  of  this  law, 
and  he  shall  be  desirous  of  securing  the  benefit  of  this  Act,  such 
locator,  or  his  successors  or  assigns,  may  file  an  additional  or 
amended  declaratory  statement,  subject  to  the  provisions  of  this 
Act;  provided  that  such  re-location  or  filing  of  the  amended  or 
additional  declaratory  statement  shall  not  interfere  with  the 
existing  rights  of  others  at  the  time  of  such  re-location  or  filing 
of  the  amended  or  additional  declaratory  statement,  and  no  such 
re-location  or  amended  or  additional  declaratory  statement,  or 
other  record  thereof,  shall  preclude  the  claimant  or  claimants 
from  proving  any  such  title  as  he  or  they  may  have  held  under 
the  previous  location  and  notice  thereof.  (Laws  of  1901,  pages 
56,  57-) 

Section  2296.  Effect  of  Amended  or  Additional  Declaratory 
Statement.  Any  amended  or  additional  declaratory  statement 
which  may  have  heretofore  been  filed  by  a locator,  or  his  sue- 


52 


MINING  LAWjS 


cessors  or  assigns,  shall  have  the  same  force  and  effect  and  be 
subject  to  the  same  terms  and  conditions  as  though  the  same  had 
been  filed  under  the  provisions  of  Section  One  of  this  Act. 
(Laws  of  1901,  page  57.) 

(Political  Code  of  1895.) 

Section  3613.  Placer  Locations  Heretofore  Made — Effect  of. 

All  placer  mining  locations  or  locations  of  valuable  mineral 
deposits,  which  have  heretofore  been  recorded  in  the  office  of 
the  County  Clerk  or  Recorder,  have  the  same  force  and  effect 
as  though  such  records  had  been  authorized  by  law,  except  in 
cases  where  the  rights  of  third  persons  had  been  acquired  before 
the  passage  of  this  Code ; and  such  record  is  entitled  to  be 
admitted  in  evidence  in  any  court. 

(Political  Code  of  1895.) 

Section  3614.  Annual  Work — Affidavit — Contents — Record. 

The  owner  of  a lode  or  placer  claim  who  performs  or  causes  to 
be  performed  the  annual  work  or  makes  the  improvements  re- 
quired by  the  laws  of  the  United  tates  in  order  to  prevent  the 
forfeiture  of  the  claim,  may,  withn  twenty  days  after  the  annual 
work,  file  in  the  office  of  the  County  Clerk  of  the  county  in  which 
such  claim  is  situated  an  affidavit  of  his  own,  or  an  affidavit  of 
person  who  performed  such  work  or  made  the  improvements, 
showing: 

1.  The  name  of  the  claim  and  where  situated. 

2.  The  number  of  days’  work  done,  and  the  character  and 
value  of  the  improvements  placed  thereon. 

3.  The  dates  of  performing  such  Work  and  of  making  the  im- 
provements. 

4.  At  whose  instance  the  work  was  done  or  the  improvements 
made. 

5.  The  actual  amount  paid  for  work  and  improvements,  by 
whom  paid,  when  the  same  wias  not  done  by  the  owner. 

Such  affidavits,  or  a certified  copy  thereof  are  prirna  facie  evi- 
dence of  the  facts  therein  stated. 

(Political  Code  of  1895.) 

Section  3616.  Official  Survey — Certificate — Part  of  Declara- 
tory Statement.  Where  a locator  or  owner  of  a mining  claim 
has  the  boundaries  and  corners  of  his  claim  established  by  a 
United  States  Deputy  Mineral  Surveyor,  and  his  claim  con- 
nected with  a corner  of  the  public  or  minor  surveys,  or  an  estab- 


STATE  OF  MONTANA. 


5a 


lished  initial  point,  and  incorporates  into  the  declaratory  state- 
ment the  field  notes  of  such  survey,  and  attaches  to  and  files  with 
such  declaratory  statement,  a certificate  by  the  surveyor  setting 
forth : 

1.  That  such  survey  was  actually  made  by  him,  giving  the 
date  thereof. 

2.  The  names  of  the  claim  surveyed  and  the  locators  thereof. 

3.  That  the  description  incorporated  in  the  declaratory  state- 
ment is  sufficient  to  identify  the  claim. 

Such  survey  and  certificate  becomes  a part  of  the  declaratory 
sattement  and  such  declaratory  statement  is  prima  facie  evi- 
dence of  the  facts  therein  contaied. 

(The  last  three  sections  above  have  not  been  repealed,  but 
are  in  inadvertently  omitted  from  the  Revised  Codes  of  1907.) 

Chapter  2. 

STATE  LANDS. 

Disposition  of  Mineral  Lands. 

(Laws  of  1909,  Chapter  147,  p.  289.) 

(Provisions  Relating  to  Other  Than  Coal  or  Mineral  Lands 

Omitted.) 

CHAPTER  147. 

An  Act  providing  for  the  Management  and  Control  of  the  Lands 
now  owned  by  or  hereafter  to  be  Acquired  by  the  State  of 
Montana,  including  the  Sale  and  Rental  thereof,  and  the 
Management,  Protection,  and  Disposition  of  the  Timber 
Growing  thereon  and  the  Coal,  Oil,  and  Minerals  therein ; 
* * * and  Defining  and  Providing  for  the  punishment  of 

Certain  Offenses  for  Violating  the  Provisions  of  this  Act. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  State  of  Montana: 

Secton-  28.  Coal  Lands — What  Deemed — Selection.  All 
coal  areas  in  the  state  after  final  examination  are  defined  by  the 
United  States'  Geogical  Survey,  or  other  authority  under  the 
Government  of  the  United  States,  shall  be  recognized  by  the 
authorities  of  this  state  as  coal  lands,  until  otherwise  determined ; 
and  no  such  lands  shall  be  sold,  but  such  lands  may  be  leased  by 
the  state  to  any  person  or  persons,  company  or  corporation  but 
only  on  a royalty  basis  as  herein  provided ; provided,  however,, 
that  the  surface  rights  of  such  land  may  be  sold  or  may  be  leased 


54 


MINING  LAWS 


for  either  agricultural  or  grazing  purposes,  but  any  other  state 
lands  may  be  designated  as  coal  lands  by  the  State  Board  of 
Land  Commissioners,  and  withdrawn  from  sale  when,  in  the 
opinion  of  the  board,  such  lands  contain  coal. 

Section  34.  Sale  of  State  Lands — Reservation  of  Coal,  Oil  and 
Gas.  The  State  Board  of  Land  Commissioners  may  direct  the 
sale  of  any  state  lands,  except  as  provided  in  this  act,  * * * 

and,  provided,  further,  that  all  leases  and  conveyances  of  state 
lands  by  the  State  Board  of  Land  Commissioners  shall  contain 
a reservation  to  the  state  of  all  coal,  oil  and  gas  contained 
therein. 

Section  70.  Rental  of  Coal  Lands.  Any  person,  association, 
co-partnership  or  corporation,  leasing  and  operating  coal  land 
under  the  provisions  of  this  Act,  shall  pay  to  the  State  the  min- 
imum price  of  not  less  than  ten  (10)  cents  per  ton,  for  each  and 
every  ton  of  merchantable  coal  so  mined  from  said  land,  to  be 
paid  monthly  on  or  before  the  25th  day  of  each  month,  for  the 
coal  mined  during  the  preceding  calendar  month.  Should  the 
lessee  of  such  coal  land  fail  to  mine  during  any  one  year  the 
minimum  amount  that  may  be  provided  for  in  the  term  of  the 
lease,  he  shall,  notwithstanding  such  failure,  pay  to  the  state  the 
minimum  rental  provided  for  in  said  lease.  Should  any  person 
apply  to  lease  any  of  the  coal  lands  belonging  to  the  State,  upon 
which  there  are  surface  or  underground  improvements  placed 
or  made  by  a former  lessee,  before  a lease  shall  issue,  said  appli- 
cant shall  file  in  the  office  of  the  Register  a receipt  showing  that 
the  price  of  said  improvements,  as  agreed  upon  by  the  parties, 
or  fixed  by  the  State  Land  Agent,  or  one  of  his  assistants,  has 
been  paid  to  the  owner  thereof  in  full,  or  shall  make  satisfactory 
proof  that  he  has  tendered  to  such  owner  the  price  of  such  sur- 
face or  underground  improvements  so  agreed  upon  or  fixed;  or 
proof  that  the  owner  of  such  improvements  elects  to  remove 
them. 

Section  71.  Location  of  Mining  Claims  on  State  Lands. 

Locations  of  mining  claims  not  exceeding  six  hundred  (600)  feet 
in  width  and  fifteen  hundred  (1500)  feet  in  length,  each,  may  be 
made  upon  lands  belonging  to  the  State  as  follows : The  dis- 
coverer of  a body  of  mineral  in  either  a vein,  lode,  or  ledge,  or 
mineral  in  a placer  deposit  shall  immediately  post  conspicuously 
a notice  that  he  has  made  such  a discovery,  on  the  date  stated  in 


STATE  OF  MONTANA. 


55 


such  notice,  and  shall  complete  such  location  in  all  respects  as 
prescribed  by  the  laws  of  this  State  for  the  location  of  mining 
claims  upon  the  public  lands  of  the  United  States,  except  that 
ilo  notice  of  such  location  need  be  recorded  in  the  office  of  the 
County  Clerk,  but  such  notice  shall  be  filed  with  the  Register  of 
State  Lands.  Such  procedure  shall  empower  the  locator  to 
retain  possession  of  and  operate  said  claim  for  the  period  of  one 
year,  at  the  end  of  which  time,  he  shall  be  required  to  purchase 
said  claim  ten  dollars  per  acre  or  take  a lease  thereof  at  such 
price,  or  upon  such  terms  as  may  be  agreed  upon  between  him 
and  the  State  Board  of  Land  Commissioners. 

Section  72.  Proof  of  Mineral  Character  of  Land.  Before  the 
locator  will  be  allowed  to  purchase  the  claim  located  by  him, 
satisfactory  proof  at  a hearing,  if  deemed  necessary,  must  be 
submitted  to  the  State  Board  of  Land  Commissioners,  that  such 
claim  is  more  valuable  for  mineral  purposes  than  for  any  other 
purpose,  and  that  the  same  contains  a body  of  mineral  in  place, 
or  a placer  deposit,  of  sufficient  value  to'  justify  the  operation  of 
the  same  as  a present  fact;  provided,  that  no  mining  claim  shall 
be  located  upon  any  coal  or  oil  lands;  and,  provided,  further, 
that  all  hearings  under  the  provisions  of  this  section  shall  be  had 
before  the  contest  board  with  like  procedure  as  other  contested 
cases ; and  provided,  further,  that  no  lands  classified  under  sub- 
division four  of  the  classification  in  the  constitution  shall  b*e 
sold  as  mineral  lands,  but  the  mineral  therein  may  be  sold  sep- 
arately from  the  surface. 

Section  73.  Lands  Valuable  for  Stone.  Whenever  it  shall 
appear  to  the  State  Board  of  Land  Commissioners  that  there  is 
a deposit  of  stone  valuable  for  building,  mining,  or  other  com- 
mercial purposes  upon  any  section  or  subdivision  of  State  Land, 
the  board  shall  not  lease  the  same  for  any  purpose  except  for  the 
extraction  and  working  of  the  stone  and  then  upon  a royalty 
basis  only,  upon  such  terms  as  the  board  shall  prescribe.  The 
board  may  lease  the  remainder  of  the  section  or  subdivision  for 
agriculture,  grazing,  or  other  purposes,  as  may  appear  for  the 
best  interests  of  the  state,  as  other  state  lands  are  leased;  but 
shall  provide  in  all  such  cases  for  a right  of  way  across  said 
state  land  or  any  adjoining  state  land  for  all  purposes  connected 
with  the  working  and  disposition  of  the  stone. 


56 


MINING  LAWS 


Chapter  3. 

Acquisition  of  Water  Rights. 


(Title  VII.,  Division  II.,  Part  IV.,  Revised  Codes.) 
Section  4840.  What  Waters  May  be  Appropriated. 

4841.  Appropriation  to  be  for  Useful  Purpose. 

4842.  Point  of  Diversion  May  be  Changed. 


4843.  Water  turned  Into  Natural  Channel  May  be  Reclaimed.- 

4844.  Return  of  Surplus  Water  to  Stream. 

4845.  First  in  Time,  First  in  Right. 

4847.  Notice  of  Appropriation. 

4848.  Diligence  in  Appropriating. 

4849.  Effect  of  Failure  to  Comply  With  Provisions. 

4850.  Record  of  Declaration. 

485.' . Record  Prima  Facie  Evidence. 


4852.  Rights  Settled  in  One  Action. 


4853.  Record  of  Declaration  Noitces. 

4854.  Measurement  of  Water — Cubic  Foot. 

4855.  Miners’  Inch — Equivalent  in  Gallons. 

4856.  Act  not  to  Affect  Existing  Decrees. 

4857.  Right  to  Construct  Dams. 

4858.  Highways  to  be  Protected. 

4859.  Penalty  for  Violating  Preceding  Section. 

4860.  Owners  of  Water  May  Sell  Surplus. 

4861.  Duty  of  Purchaser  to  Dig  Ditches. 

4862.  Enforcement  of  Right  to  Surplus. 


4863.  Purchaser  Cannot  Sell. 


4864.  Dam  or  Reservoir  to  be  Securely  Constructed. 

4865.  No  Person  to  Use  Insecure  Reservoir. 

4866.  Surveys  of  Ditches — Filing  Map. 

4867.  Effect  of  Decree  upon  Subsequent  Appropriators. 

4868.  Apipiroip nations  Subject  to  Prior  Decrees. 

4869.  Non-adjudicated  Streams  not  Affected  by  Act. 

4870.  Appropriations  Pending  Litigation  Subject  to  Decree, 

4871.  Appropriation  From  Adjudicated  Stream — Notice. 

4872.  Application  Filed  With  Clerk  of  District  Court. 

4873.  Duties  of  Court. 

4874.  Deposit  for  Expenses. 

4875.  Payment  of  Expenses. 

4876.  Record  of  Survey. 

4877.  Statutory  Measurements. 

4878.  Penalty. 

4879.  Effect  of  Decree. 

4884.  Appointment  of  Water  Commissioner. 

4887.  Objections  to  Commissionter’s  Award. 

4888.  Re  coo'd  of  Commissioner — Expenditures. 

4889.  Fees  and  Compensation. 

4890.  Users  Must  Maintain  Head  Gates  etc. 


STATE  OF  MONTANA. 


57 


Section  4840.  What  Waters  May  be  Appropriated.  The 
right  to  the  use  of  any.  unappropriated  water  of  *any  natural 
stream,  water  course,  spring,  dry  coulee,  or  other  natural  source 
of  supply,  and  of  any  running  water  flowing  in  the  streams, 
rivers,  canyons  and  ravines  of  this  state,  may  hereafter  be  ac- 
quired by  appropriation.  (Laws  of  1901,  page  152.) 

Section  4841.  Appropriation  to  be  for  Useful  Purpose.  The 
appropriation  must  be  for  some  useful  or  beneficial  purpose,  and 
when  the  appropriator  or  his  successor  in  interest  abandons  and 
ceases  to  use  the  water  for  such  purpose  the  right  ceases ; but 
questions  of  abandonment  shall  be  questions  of  fact  and  shall 
be  determined  as  other  questions  of  fact. 

Section  4842.  Point  of  Diversion  May  be  Changed.  The  per- 
son entitled  to  the  use  of  water  may  change  the  place  of  diver- 
sion, if  others  are  not  thereby  injured,  and  may  extend  the  ditch, 
flume,  pipe,  or  aqueduct,  by  which  the  diversion  is  made,  to  any 
place  other  than  where  the  first  use  was  made,  and  may  use  the 
water  for  other  purposes  than  that  for  which  it  was  originally 
appropriated. 

Section  4843.  Water  Turned  Into  Natural  Channel  May  be 

Reclaimed.  The  water  appropriated  may  be  turned  into  the  chan- 
nel of  another  stream  and  mingled  with  its  waters,  and  then  be 
reclaimed,  but,  in  reclaiming  it,  water  already  appropriated  by 
another  must  not  be  diminished  in  quantity,  or  deteriorated  in 
quality. 

Section  4844.  Return  of  Surplus  Water  to  Streams.  In  all 
cases  where  by  virtue  of  prior  appropriation,  any  person  may 
have  diverted  all  the  water  of  any  stream,  or  to  such  an  extent 
that  there  shall  not  be  an  amount  sufficient  left  therein  for  those 
having  a subsequent  right  to  the  waters  of  such  stream,  and 
there  shall.  at  any  time,  be  a surplus  of  water 
so  diverted,  over  and  above  what  is  actually  and 
necessarily  used  by  the  prior  appropriator,  such  per- 
son shall  be  required  to  turn  and  cause  to  flow  back  into  the 
stream,  such  surplus  w'ater,  and  upon  failure  so  to  do,  within 
twenty-four  hours  after  demand  being  made  upon  him  in  writing 
to  him  in  person  or  at  his  place  of  abode,  bv  any  person  having  a 
right  to  the  use  of  such  surplus  water,  the  person  so  diverting 
the  same  shall  be  liable  to  the  person  aggrieved  for  the  damage 
resulting  therefrom,  in  such  sum  as  may  be  determined  by  court. 


58 


MINING  LAWlS 


(Laws  of  1907,  Chapter  56.) 

Section  4845.  First  in  Time,  First  in  Right.  As  between 
appropriators  the  one  first  in  time  is  first  in  right. 

Section  4847.  Notice  of  Appropriation.  Any  person  hereafter 
desiring  to  appropriate  water  must  post  a notice  in  writing  in 
a conspicuous  place  at  the  point  of  intended  diversion,  stating 
therein : 

1.  The  number  of  inches  claimed,  measured  as  hereinafter 
provided. 

2.  The  purpose  for  which  it  is  claimed  and  place  of  intended 
use. 

3.  The  means  of  diversion,  with  size  of  flume,  ditch,  pipe, 
or  aqueduct  by  which  he  intends  to  divert  it. 

4.  The  date  of  appropriation. 

5.  The  name  of  the  appropriator. 

Within  twenty  days  after  the  date  of  appropriation  the  appro- 
priator shall  file  with  the  County  Clerk  of  the  County  in  which 
such  appropriation  is  made  a notice  of  appropriation,  which  in 
addition  to  the  facts  required  to  be  stated  in  the  posted  notice, 
as  hereinbefore  prescribed,  shall  contain  the  name  of  the  stream 
from  which  the  diversion  is  made,  if  such  stream  have  a name, 
and  if  it  have  not,  such  a description  of  the  stream  as  will  iden- 
tify it,  and  an  accurate  description  of  the  point  of  diversion  on 
such  stream,  with  reference  to  some  natural  object  or  permanent 
monument.  The  notice  shall  be  verified  by  the  affidavit  of  the 
appropriator,  or  some  one  in  his  behalf,  which  affidavit  must 
state  that  the  matters  and  facts  contained  in  the  notice  are  true. 

Section  4848.  Diligence  in  Appropriating.  Within  Forty  Days 
auer  posting  such  notice  the  appropriator  must  proceed  to  prose- 
cute the  excavation  or  construction  of  the  work  by  which  the 
water  appropriated  is  to  be  diverted,  and  must  prose- 
cute the  same  with  reasonable  diligence  to  completion.  If  the 
ditch  or  flume,  when  constructed,  is  inadequate  to  convey  the 
amount  of  water  claimed  in  the  notice  aforesaid,  the  excess 
claimed  above  the  capacity  of  the  ditch  or  flume  shall  be  subject 
to  appropriation  by  any  other  person,  in  accordance  with  the 
provisions  of  this  Title. 

Section.  4849.  Effect  of  Failure  to  Comply  With  Provisions. 

A failure  to  comply  with  the  provisions  of  this  Title  deprives  the 
appropriator  of  the  rig'ht  to  the  use  of  water  as  against  a subse- 


STATE  OF  MONTANA. 


59 


quent  claimant  who  complies  therewith,  but  by  complying  with 
the  provisions  of  this  Title,  the  right  to  the  use  of  the  water  shall 
relate  back  to  the  date  of  posting  the  notice. 

Section;  4850.  Record  of  Declaration.  Persons  who  have 
heretofore  acquired  rights  to  the  use  of  water  shall,  within  six 
months  after  the  publication  of  this  title,  file  in  the  office  of  the 
County  Clerk  of  the  county  in  which  the  water  right  is  situated, 
a declaration  in  writing,  except  notice  be  already  given  of  record 
as  required  by  this  Title,  or  a declaration  in  writing  be  already 
filed  as  required  by  this  section,  containing  the  same  facts  as  re- 
quired in  the  notice  provided  for  record  in  Section  4847  of  this 
title  and  verified  as  required  in  said  last  mentioned  section  in 
cases  of  notice  of  appropriation  of  water ; Provided,  that  a failure 
to  comply  with  the  requirements  of  this  section  shall  in  no  wise 
work  a forfeiture  of  such  heretofore  acquired  rights,  or  prevent 
any  such  claimant  from  establishing  such  rights  in  the  courts. 

Section  4851.  .Record  Prima  Facie  Evidence.  The  record  pro- 
vided for  in  Sections  4847  and  4850,  of  this  Title,  when  duly 
made,  shall  be  taken  and  received  in  all  courts  of  this  State  as 
prima  facie  evidence  of  the  statements  therein  contained. 

Section  4852.  Rights  Settled  in  One  Action.  In  any  action 
hereafter  commenced  for  the  protection  of  rights  acquired  to 
water  under  the  laws  of  this  State,  the  plaintiff  may  make  any 
or  all  persons  who  have  diverted  water  from  the  same  stream  or 
source  parties  to  such  action,  and  the  court  may  in  one  judg- 
ment settle  the  relative  priorities  and  rights  of  all  the  parties  to 
such  action.  When  damages  are  claimed  for  the  wrongful  diver- 
sion of  water  in  any  such  action,  the  same  may  be  assessed  and 
apportioned  by  the  jury  in  their  verdicts,  and  judgment  thereon 
may  be  entered  for  or  against  one  or  more  of  several  plan  tiffs,  or 
for  or  against  one  or  more  of  several  defendants,  and  m'ay  deter- 
mine the  ultimate  rights  of  the  parties  between*  themselves. 

In  any  action  concerning  joint  water  rights,  or  joint 
rights  in  water  ditches,  unless  partition  of  the  same  kind  is  asked 
by  parties  to  the  action,  the  court  shall  hear  and  determine  such 
controversy  as  if  the  same  were  several  as  well  as  joint. 

Section  4853.  Record  of  Declaration  Notices.  The  County 
Clerk  must  keep  a well  bound  book,  in  which  he  must  record  the 
notices  and  declarations  provided  for  in  this  Title,  and  he  shall 
be  entitled  to  have  and  receive  the  same  fees  as  are  now  or  here- 


60 


MINING  LAWiS 


after  may  be  allowed  by  law  for  recording  instruments  entitled 
to  be  recorded. 

Section  4854.  Measurement  of  Water — Cubic  Foot.  Hereafter 
a cubic  foot  of  water  (7.48  gallons)  per  second  of  time  shall  be 
the  legal  standard  for  the  measurement  of  water  in  this  State. 
(Laws  of  1899,  Pa&e  126.) 

Section  4855.  Miners’  Inch — Equivalent  in  Gallons.  Where 
water  rights  expressed  in  miners’  inches  have  been  granted,  one 
hundred  miners’  inches  shall  be  considered  equivalent  to  a flow 
of  two  and  one-half  cubic  feet  (18.7  gallons)  per  second;  two 
hundred  miners’  inches  shall  be  considered  equivalent  to  flow 
of  five  cubic  feet  (37.4  gallons)  per  second,  and  this  proportion 
shall  be  observed  in  determining  the  equivalent  flow  represented 
by  any  number  of  miners’  inches.  (Laws  of  1899,  page  126.) 

Section  4856.  Act  Not  to  Affect  Existing  Decrees.  Provided; 
that  the  provisions  of  this  bill  shall  not  affect  or  change  the 
measurement  of  water  heretofore  decreed  by  a Court,  but  such 
decreed  water  shall  be  measured  according  to  the  law  in  force 
at  the  time  such  decree  was  made  and  entered.  (Laws  of  1899, 
page  126.) 

Section  4857.  Right  to  Construct  Dams.  The  right  to  con- 
duct water  from  or  over  the  land  of  another  for  any  beneficial 
use,  includes  the  right  to  raise  any  water  by  means  of  dams, 
reservoirs  or  embankments  to  a sufficient  height  to  make  the 
same  available  for  the  use  intended,  and  the  right  to-  any  and  all 
land  necessary  therefor,  may  be  acquired  upon  payment  of  just 
compensation  in  the  manner  provided  by  law  for  the  taking  of 
private  property  for  public  use ; 

PROVIDED,  FURTHER,  that  if  it  is  necessary  to  conduct 
the  water  across  the  right  of  way  of  any  railroad,  it  shall  be  the 
duty  of  the  owners  of  the  ditch  or  flume  to  give  thirty  days’ 
notice  in  writing  to  the  owner  or  owners  of  such  railway  of  their 
intention  to  construct  a ditch  or  flume  across  the  right  of  way  of 
such  railroad  and  the  point  at  which  the  said  ditch  or  flume  will 
cross  the  railroad;  also  the  time  when  the  construction  of  said 
ditch  or  flume  wiill  be  made.  If  the  owner  or  owners  of  such 
railroad  or  their  agent  fails  to  appear  and  attend  at  the  time 
and  place  fixed  in  said  notice,  it  shall  be  lawful  for  the  owner  or 
owners  of  the  said  flume  or  ditch  to  construct  the  same  across 
the  right  of  way  of  such  railroad,  without  further  notice  to  said 


STATE  OF  MONTANA. 


61 


owner  or  owners  of  the  railroad.  (Act  approved  March  18, 

1895.) 

Section  4858.  Highways  to  he  Protected.  Any  person  who 
digs  and  constructs  ditches,  dykes,  flumes  or  canals,  over  or 
across  any  public  roads  or  highways,  or  who  uses  the  waters  of 
such  ditches,  dykes,  flumes  or  canals,  is  required  to  keep  the 
same  in  good  repair  at  such  crossings  or  other  places  where  the 
water  from  any  such  ditches,  dykes,  flumes  or  canals  may  flow 
over,  or  in  any  wise  injure  any  roads  or  highways,  either  by 
bridging  or  otherwise. 

Section  4859.  Penalty  for  Violating  Preceding  Section.  Any 
person  offending  against  the  preceding  section,  on  conviction 
thereof,  shall  pay  for  every  offense  a fine  of  not  less  than  twenty- 
five  dollars,  nor  more  than  one  hundred  dollars,  with  cost  of 
prosecution.  One-half  of  the  fine  shall  be  paid  into  the  County 
Treasury  for  the  benefit  of  the  common  schools  of  the  county  in 
which  the  offense  was  committed  and  the  other  half  shall  be 
paid  to  the  person  informing  the  nearest  magistrate  that  such 
offense  has  been  committed,  who  shall  issue  a warrant  upon 
proper  complaint  being  made. 

Section  4860.  Owners  of  Water  May  Sell  Surplus.  Any  per- 
son having  the  right  to  use,  sell  or  dispose  of  water,  and  engage 
in  using,  selling  or  disposing  of  the  same,  who  has  a surplus  of 
water,  not  used,  or  sold,  or  any  person  having  a surplus  of 
water,  and  the  right  to  sell  and  dispose  of  the  same,  is  required 
upon  the  payment  or  tender  to  the  person  entitled  thereto  an 
amount  equal  to  the  usual  and  customary  rates  per  inch,  to'  con- 
vey and  deliver  to  the  person  such  surplus  of  unsold  water,  or 
so  much  thereof  for  which  said  payment  or  tender  shall  have 
been  made,  and  shall  continue  so  to  convey  and  deliver  the  same 
weekly  so  long  as  said,  surplus  of  unused  or  unsold  water  exists 
and  said  payment  or  tender  be  made  as  aforesaid. 

Section  4861.  Duty  of  Purchaser  to  Dig  Ditches.  Any  per- 
son desiring  to  avail  himself  of  the  provisions  of  the  preceding 
section  must,  at  his  own  cost  and  expense,  construct  or  dig  the 
necessary  flumes  or  ditches  to  receive  and  convey  the  surplus 
water  so  desired  by  him.  and  pay  or  tender  to>  the  person  having 
the  right  to  the  use,  sale  or  disposal  thereof,  an  amount  equal 
to  the  necessary  cost  and  expense  of  tapping  any  gulch,  stream, 
reservoir,  ditch,  flume  or  aqueduct,  and  putting  in  gates,  gauges 


62 


MINING  LAWS 


or  other  proper  and  necessary  appliances  usual  and  customary 
in  such  cases,  and  until  the  same  shall  be  done,  the  delivery  of 
the  said  surplus  water  shall  not  be  required  as  provided  in  the 
preceding  section. 

Section  4862.  Enforcement  of  Right  to  Surplus.  Any  per- 
son constructing  the  necessary  ditches,  aqueducts  or  flumes,  and 
making  the  payments  or  tenders  hereinbefore  provided,  is  enti- 
tiled  to  the  use  of  so  much  of  the  said  surplus  water  as  said 
ditches,  flumes  or  aqueducts  have  the  capacity  to  carry,  and  for 
which  payment  or  tender  is  made,  and  may  institute,  and  main- 
tain any  appropriate  action  at  law  or  in  equity  for  the  enforce- 
ment of  such  right  or  recovery  of  damages  arising  from  a failure 
to  deliver  or  wrongful  diversion  of  the  same. 

Section  4863.  Purchaser  Cannot  Sell.  Nothing  in  the  three 
preceding  sections  shall  be  so  construed  as  to  give  the  person 
acquiring  the  right  to  the  use  of  water  as  therein  provided,  the 
right  to  sell  or  dispose  of  the  sarnie  after  being  so  used  by  him, 
or  prevent  the  original  owner  or  proprietor  from  retaking,  sell- 
ing and  disposing  of  the  same  in  the  usual  and  customary  man- 
ner, after  it  is  so  used  as  aforesaid. 

Section  4864.  Dam  or  Reservoirs  to  be  Securely  Constructed. 
No  person  shall  hereafter  fill,  or  procure  to  be  filled  with  water, 
any  dam  or  reservoir  which  is  not  so  thoroughly  and  substan- 
tially constructed  as  that  it  will  safely  and  securely  hold  the 
water  to  be  turned  therein. 

Section  4865.  No  Person  to  Use  Insecure  Reservoir.  No  per- 
son shall  hereafter  construct,  or  cause  to  be  constructed,  on  a 
stream,  any  dam  or  reservoir  to  accumulate  the  waters  thereof, 
except  in  a thorough,  secure  and  substantial  manner. 

Section  4866.  Surveys  of  Ditches — Filing  Map.  Any  person 
availing  himself  of  the  provisions  of  the  preceding  Sections,  and 
who  shall  have  complied  with  said  preceding  Sections'  relating 
to  the  appropriation  of  water,  may,  within  six  months  after  his 
ditch  is  completed,  publish  a notice  once  a week  for  two  suc- 
cessive weeks,  in  a newspaper  designated  by  the  County  Com- 
missioners as  the  official  paper  of  the  County,  stating  that  he 
will,  on  a date  to  be  therein  mentioned  which  date  shall  be  not 
less  than  twenty  nor  more  than  thirty  days  after  the  first  publi- 
cation of  said  notice,  cause  said  ditch  to  be  surveyed  by  a com- 
petent Civil  Engineer,  whose  name  shall  be  given,  and  stating  the 


STATE  OF  MONTANA. 


63 


name  of  stream,  and  such  a general  description  as  will  identify 
the  ditch.  It  shall  be  the  duty  of  said  person  to  employ  a com- 
petent civil  engineer  to  make  such  survey,  and  it  shall  be  the 
duty  of  such  civil  engineer  to  survey  said  ditch,  ascertain  its 
grade,  measure  the  headgate  thereof,  and  measure  said  ditch 
in  such  other  places  as  may  be  necessary  to  show  its  carrying 
capacity,  and  also  measure  the  land  irrigated  by  said  ditch,  or 
proposed  to  be  irrigated  thereby,  and  to  make  a map  showing 
the  general  courses  of  the  ditch  and  the  land  irrigated  or,  pro- 
posed to  be  irrigated  therefrom,  giving  the  grade  and  the  dimen- 
sions of  the  head  gate  and  other  dimensions  of  the  ditch  where 
measured,  and  attach  thereto  his  affidavit  showing  the  date  when 
he  commenced  the  survey  of  said  ditch,  the  date  when  com- 
pleted, th  names  of  the  persons  who  assisted  him,  and  that  said 
map  and  the  date  given  thereon  are  correct. 

If  for  any  reason  the  survey  cannot  be  made  upon  the  day 
designated  in  the  notice,  it  may  be  made  on  any  subsequent  day, 
and  the  person  who  caused  said  survey  to  be  made  shall  file  an 
affidavit  showing  why  the  survey  was  not  made  on  the  day  men- 
tioned in  the  notice ; Provided,  however,  that  if  any  person 
appears  upon  the  ground  at  the  time  mentioned  in  the  notice 
and  serves  a written  notice  that  he  desires  to  be  present  when 
said  survey  is  made,  the  person  who  caused  said  ditch  to  be 
made  shall  give  such  person  at  least  three  days’  written  notice 
of  the  time  when  said  ditch  shall  be  surveyed.  The  said  survey 
of  said  ditch  may  be  continued  from  day  to  day,  or  from  time  to 
time,  as  may  be  necessary  to  complete  it,  and  any  person  shall 
have  the  right  to  be  present  at  said  survey.  The  map  made  by 
the  surveyor,  his  affidavit,  and  the  affidavit  of  publication  of  the 
notice  aforesaid,  shall  within  thirty  days  from  the  completion 
of  said  survey,  be  held  in  the  office  of  the  Clerk  and  Recorder  of 
the  county  wherein  the  notice  of  appropriation  is  filed,  and  such 
affidavit  and  map,  or  certified  copies  thereof,  shall  be  prima  facie 
evidence  of  the  facts  therein  shown  and  stated  in  all  courts  in 
this  State  in  actions  relating  to  the  said  ditch  and  water  right. 
(Laws  of  1905,  Chapter  95.) 

Section  4867.  Effect  of  Decree  upon  Subsequent  Appropria- 
tions. Whenever  there  shall  have  been  an  adjudication  of  the 
rights  between  appropriators  or  claimants,  any  stream  or  any 
other  water  supply  in  this  State,  in  any  District  Court  of  the 


64 


MINING  LAWS 


State,  or  the  United  States  Court,  in  an  action  prosecuted  in 
good  faith  between  such  apprpriators,  or  claimants,  to  determine 
their  respective  rights  to  the  use  of  such  waters,  and  which 
decree  is  based  upon  evidence  introduced  and  not  upon  stipula- 
tions or  admissions  of  the  parties,  such  adjudication  and  decree, 
or  certified  copies  thereof,  shall,  as  against  all  persons,  appro- 
priating or  diverting  any  of  the  waters  of  the  said  stream,  or 
other  water  supply  after  the  date  of  such  decree,  in  an  action 
relating  to  such  waters,  be  prima  facie  evidence  of  the  facts 
therein  found,  determined  and  decreed,  respecting  the  rights  of 
partis  to  said  action  to  the  use  of  the  waters  of  said  stream,  or 
other  water  supply.  (Laws  of  1905,  Chapter  95.) 

Section  4868.  Appropriations  of  Water  Subject  to  Prior 
Decrees.  All  water  hereafter  appropriated  by  any  person,  asso- 
ciation, company,  or  corporation  after  the  passage  of  this  Act, 
from  any  stream,  creek,  spring,  canyon,  river  or  ravine  in  this 
State,  in  which  the  water  rights  therein  have  been  adjudicated 
and  decreed  prior  to  the  passage  of  this  Act,  and  a decree  of  a 
Court  of  Competent  Jurisdiction  entered  therein,  shall  be  sub- 
ject to  such  decree.  (Laws  of  1907,  Chapter  185.) 

Section  4869.  Non-adjudicated  Streams  not  Affected  by  Act. 
In  all  streams,  creeks,  springs,  canyons,  rivers  and  ravines,  in 
which  the  water  rights  therein  have  not  been  adjudicated  by  a 
Court  of  Competent  Jurisdiction,  water  shall  be  appropriated 
in  the  same  manner  as  provided  by  law,  at  the  time  of  the  pas- 
sage of  this  Act.  (Laws  of  1907,  Chapter  185.) 

Section  4870.  Appropriations  Pending  Litigation  Subject  to 
Decree.  At  such  time  as  there  may  be  legal  proceedings  insti- 
tuted by  the  owner  oir  owners  of  any  water  right  or  water  rights 
in  any  stream,  spring,  creek,  canyon,  river  or  ravine,  before  any 
Court  of  Competent  Jurisdiction,  all  subsequent  appropriations 
made  in  any  such  streams,  creeks,  springs,  canyons,  rivers  or 
ravines  will  be  subject  to  such  suit  as  may  be  instituted  and  shall 
not  date  prior  to  the  date  of  the  beginning  of  said  suit,  and  will 
be  subject  to  the  rulings  and  decisions  thereunder.  (Laws  of 
1907,  Chapter  185.) 

Section  4871.  Appropriation  From  Adjudicated  Stream- 
Notice.  Any  person  desiring  to  appropriate  water  in  any 
stream,  creek,  canyon,  river  or  ravine,  wherein  the  rights  of 
water  therein  have  been  'adjudicated  and  decreed,  shall  post  a 


STATE  OF  MONTANA. 


65 


notice  in  writing  in  a conspicuous  place  at  the  point  of  the 
intended  diversion,  stating  therein : 

1.  The  flow  claimed,  expressed  in  cubic  feet  per  second. 

2.  The  purpose  for  which  said  water  is  claimed,  and  the  place 
of  intended  use. 

3.  The  name  of  the  stream,  creek,  spring,  canyon,  river,  or 
ravine. 

4.  The  name  of  the  appropriator  or  appropriators. 

5.  The  date  of  posting  said  notice. 

The  work  in  the  construction  and  completion  of  the  means 
of  diverting  and  conveying  water  to  place  of  use,  shall  be  prose- 
cuted with  reasonable  diligence,  otherwise  no  rights  shall  be 
acquired  by  such  appropriator,  and  no  appropriator  shall  acquire 
any  rights  to  water  in  excess  of  the  carrying  capacity  of  the 
ditch  or  means  of  conveying  water,  nor  in  excess  of  the  amount 
actually  needed  by  the  appropriator  for  some  useful  and  bene- 
ficial purpose.  (Laws  1907,  Chapter  185.) 

Section  4872.  Application  Filed  With  Clerk  of  District  Court. 
Within  forty  days  front  the  date  of  the  completion  of  the  works 
of  irrigation,  the  appropriator  shall  file  with  the  Clerk  of  the 
District  Court  in  the  County  in  which  said  water  is  to  be  appro- 
priated, an  application  in  writing  to  have  such  ditch  measured 
and  the  capacity  determined,  as  herein  provided. 

Such  application  shall  contain  the  sworn  statement  of  the 
appropriator,  in  which  is  given  the  name  of  the  stream  from 
which  said  water  is  to  be  appropriated,  the  amount  of  water  to 
be  diverted,  the  intended  point  of  diversion,  the  intended  use  of 
such  water,  and  the  place  of  intended  use,  and  the  name  of  the 
appropriator. 

The  Clerk  of  the  District  Court  upon  receipt  of  such  applica- 
tion, duly  executed  and  presented  by  the  applicant  or  his  attorney 
shall  enter  the  same  upon  the  court  records  of  said  county,  and 
thereupon  issue  an  order  directing  a competent  civil  engineer 
to  proceed  to  measure  and  determine  the  capacity  of  said  ditch 
(expressed  in  flow  of  cubic  feet  per  second)  definitely  locate  the 
exact  point  of  the  diversion  by  a course  and  distance  to  some 
established  corner  of  the  public  surveys,  or  if  there  be  no  such 
corner  within  two  miles  of  said  ditch,  then  a connecting  line 
shall  be  run  to  some  suitable  permanent  object  or  monument 
that  will  not  be  destroyed  or  defaced,  and  to  report  the  results 


€6 


MINING  LAW'S 


of  such  measurements  and  surveys,  together  with  a plat,  in  dupli- 
cate, on  which  shall  be  shown  the  location  of  said  point  of  diver- 
sion, together  with  the  connecting  line,  to  the  corner  of  the  pub- 
lic surveys  or  monuments,  the  size  and  capacity  of  the  ditch  and 
headgate,  the  date  of  the  notice  of  appropriation,  the  date  of  the 
survey,  the  name  of  the  stream,  the  name  of  the  appropriator 
or  appropriators,  the  purpose  and  place  of  intended  use,  and  in 
case  the  use  be  for  irrigation,  the  plat  must  show  the  location 
and  area  of  land  to  be  irrigated  thereby,  and  make  such  returns 
to  the  Clerk  of  the  Court  within  thirty  (30)  days  from  the  receipt 
of  said  order. 

The  Clerk  shall  thereupon  cause  to  be  published,  in  the  news- 
paper published  nearest  the  point  of  diversion  once  a week  in 
three  successive  issues  of  said  paper,  a notice  giving  the  name 
of  the  appropriator,  amount  of  appropriation,  and  name  of  stream 
from  which  the  water  is  appropriated.  Any  person  or  persons 
interested  in  the  waters  of  said  stream  may,  on  or  before  the 
last  day  of  publication,  file  with  the  clerk,  written  objections  to 
such  appropriation.  (Laws  of  1907,  Chapter  185.) 

Section  4873.  Duties  of  Court.  The  Clerk  of  the  District 
Court,  immediately  after  the  expiration  of  the  period  of  publica- 
tion, the  receipt  of  the  report  and  plat  of  the  surveyor,  and  proof 
of  publication  of  notice,  shall  file  the  same,  and  on  the  first  day 
of  a regular  or  special  term  of  court  thereafter,  shall  present  all 
papers  to  the  court  for  consideration.  If  no  objections  are  filed, 
the  court  shall  enter  an  order  allowing  said  appropriation.  If 
objections  are  made,  the  court  shall  fix  a day  for  hearing, 
and  on  such  hearing  witnesses  may  testify,  and  the 
court  after  hearing  may  make  any  order  deemed  proper,  in  the 
premises.  (Laws  of  1907,  Chapter  185.) 

Section  4874.  Deposit  for  Expenses.  The  appropriator  shall, 
at  the  time  of  filing  his  application  with  the  Clerk  of  the  District 
Court,  make  a deposit  with  said  clerk,  in  a sum  sufficient  to 
cover  all  'expense  for  the  legal  fees  for  filing  any  action,  together 
with  stenographer’s  fees,  and  fees  for  filing  and  rcording  all 
decrees  and  other  papers  in  the  matter,  and  the  cost  of  the  sur- 
vey, not  to  exceed  ten  dollars  per  day,  and  necessary  traveling 
expenses,  and  five  dollars  for  each  plat  filed,  said  sum  to  be  fixed 
and  estimate  made  by  the  Clerk  of  the  District  Court,  and  resi- 
due remaining  in  the  possession  of  said  clerk,  when  all  fees  and 


STATE  OF  MONTANA. 


67 


costs  are  paid  shall  be  returned  to  the  applicant ; should  there 
not  be  sufficient  money  deposited  to  meet  all  fees  and  expenses 
said  water  right  shall  be  of  no  force  and  effect,  until  the  same 
have  been  paid.  (Laws  of  1907,  Chapter  185.) 

Section  4875.  Payment  of  Expenses.  The  Clerk  of  the  Dis- 
trict Court,  shall  upon  receipt  of  any  report  made  in  conformity 
with  the  provisions  of  this  Act,  and  duly  certified  to  by  a civil 
engineer,  pay  to  him  out  of- the  moneys  deposited  with  him  for 
said  purpose,  a sum  not  to  exceed  ten  dollars  per  day  and  neces- 
sary traveling  expenses,  and  five  dollars  for  each  plat  made  and 
filed,  upon  the  civil  engineer  presenting  the  proper  bill,  duly 
sworn  to,  for  said  expenses.  A receipt  of  any  such  payment 
shall  be  given  to  the  Clerk.  (Laws  of  1907,  Chapter  185.) 

Section  4876.  Record  of  Survey.  The  Clerk  of  the  District 
Court  shall  keep  in  his  office  a suitable  bound  book,  in  which 
shall  be  kept  an  accurate  record  of  all  surveys  and  reports  made 
in  accordance  with  this  Act.  (Laws  of  1907,  Chapter  185.) 

Section  4877.  Statutory  Measurements.  Where  water  rights 
have  been  decreed  in  statutory  or  miners’  inch  measurement,  the 
measurement  shall  be  in  cubic  feet  per  second,  and  one  hundred 
miners’  or  statutory  inches  shall  be  equivalent  to  a flow  of  two 
and  one  half  cubic  feet  per  second,  and  this  proportion  shall  be 
observed  in  determining  the  equivalent  flow  of  any  number  of 
miners’  or  statutory  inches.  (Laws  of  1907,  Chapter  185.) 

Section  4878.  Penalty.  A failure  to  comply  with  the  provi- 
sions of  this  Act  deprives  the  appropriator  of  the  right  to  such 
decree,  as  against  a subsequent  claimant  who  complies  herewith. 
(Laws  of  1907,  Chapter  185.) 

Section  4879.  Effect  of  Decree.  Any  person  or  persons  ap- 
propriating water  under  the  provisions  of  this  Act,  shall  be  sub- 
ject to,  bound  by,  and  shall  comply  with  any  decree  of  court 
adjudicating  the  waters  of  such  stream,  or  any  stream  of  which 
the  same  may  be  i.  tributary  or  feeder,  as  fully  and  to  the  same 
extent  as  if  said  person  or  persons  were  original  parties  to  the 
action  wherein  the  said  decree  is  made  and  entered,  and  any 
water  commissioner  or  commissioners,  appointed  by  the  court 
to  distribute  waters  under  any  decree  shall  have  jurisdistion 
over,  and  shall  distribute  any  waters  appropriated  under  the 
provisions  of  this  Act,  according  to  priority.  (Laws  of  1907, 
Chapter  185.) 


68 


MINING  LAWS 


Section  4880.  Effect  of  Failure  to  Comply  With  Provisions. 

A failure  to  comply  with  the  provisions  of  this  Act,  deprives  the 
appropriator  of  the  right  to  use  any  water  of  such  stream,  as 
against  any  subsequent  appropriator  complying  herewith,  and  as 
against  any  prior  appropriator  mentioned  in  or  bound  by  a 
decree  of  court.  (Laws  of  1907,  Chapter  185.) 

Section  4884.  Appointment  of  Water  Commissioner.  When- 
ever the  water  rights  pertaining*  to  any  stream  or  water  system 
within  the  State  of  Montana  have  been  determined  by  a decree 
of  a competent  court  it  shall  be  the  duty  of  the  District  Judge  of 
the  district  within  which  such  water  rights  are  situated,  upon  the 
application  of  the  owners  of  at  least  twenty-five  per  cent  of  the 
water  rights  affected  by  such  decree,  to  appoint  a commissioner, 
who  shall  have  the  authority  to  measure  and  distribute  to  the 
parties  interested  under  such  decree  the  waters  to  which  they 
are  entitled,  according  to  their  priority  as  established  by  such 
decree ; provided,  however,  that  upon  the  application  of  the  own- 
ers of  at  least  fifty-one  percent  of  the  water  rights  in  any  ditch 
or  single  water  system  affected  by  such  decree,  a commissioner 
shall  be  appointed  who  shall  have  authority  to  measure  and  dis- 
tribute to  the  parties  interested  under  such  decree,  the  waters 
to  which  they  are  entitled,  as  heretofore  provided,  and  in  addi- 
tion shall  have  the  authority  to  keep  in  reasonable  repair  and 
maintain  such  water  ditch  or  water  system  at  the  expense  of  the 
owners  thereof;  and  for  each  of  the  purposes  above  set  forth 
such  commissioner  or  commissioners  shall  have  authority  to 
enter  upon  any  ditch,  canal,  aqueduct  or  other  source  for  con- 
veying the  waters  affected  by  such  decree,  and  to  visit,  inspect 
and  adjust ‘all  head  gates,  or  other  means  of  distribution  of  such 
waters,  and  shall  have  the  same  power  as  a sheriff  or  constable 
to  arrest  any  or  all  persons  interfering  with  the  distribution 
made  by  him,  and  to  take  such  person  so1  arrested  before  the 
Judge  of  the  District  Court  for  trial  for  contempt  of  the  decree 
of  said  court.  (Laws  of  1905,  Chapter  64.) 

Section  4887.  Objections  to  Commissioner’s  Award.  Any 
person  owning  any  of  the  waters  of  such  stream,  who  is  dissatis- 
fied with  the  method  of  distribution  of  the  waters  of  such  stream 
by  such  water  commissioner,  and  who  claims  to  be 
entitled  to  more  water  than  he  is  receiving,  or  is  entitled 
to  a prior  right  than  that  allowed  to  him  by  such  commissioner, 


STATE  OF  MONTANA. 


69 


may  file  his  written  complaint,  duly  verified,  setting  forth  the 
facts  of  such  claim.  Thereupon  the  judge  shall  fix  a time  for  the 
hearing  of  such  petition  and  shall  direct  that  notice  be  given  to 
the  parties  interested  in  such  hearing,  the  judge  may  deem 
necessary.  At  the  time  fixed  for  such  hearing,  the  judge  of  said 
District  Court  must  hear  and  examine  the  complainant  and  such 
other  parties  as  may  appear  to  support  or  resist  such  claim,  and 
also  examine  such  water  commissioner  and  witnesses  as  to>  the 
charges  contained  in  said  complaint.  Upon  the  determination 
of  such  hearing,  the  judge  shall  make  such  findings,  and  order  as 
said  judge  may  deem  just  and  proper  in  the  premises.  If  it  shall 
appear  to  such  judge  that  the  water  commissioner  has  not  prop- 
erly distributed  the  water  according  to  the  provisions  of  such 
decree,  then  the  judge  shall  give  the  proper  instructions  for  such 
distribution.  The  judge  may  remove  such  water  commissioner 
and  appoint  some  other  person  in  his  stead,  if  he  deems  that 
the  interests  of  the  parties  in  the  waters  mentoned  in  such  decree 
will  be  best  subserved  thereby,  and  if  it  shall  appear  to  such 
judge  that  the  said  water  commissioner  has  wilfully  failed  to 
perform  his  duties,  he  may  adjudge  on  said  hearing  said  water 
commissioner  guilty*  of  a contempt  of  the  court  and  punish  him  as 
for  contempt.  The  judge  shall  make  such  order  as  to  the  pay- 
ment of  costs  of  such  hearing  as  may  appear  to  him  to  be  just 
and  proper.  (Laws  of  1905,  Chapter  64.) 

Section  4888.  Record  of  Commissioner — Expenditures.  Such 
water  commissioner  must  keep  a daily  record  of  the  amount  of 
water  distributed  to  each  water1  user  and  must  file  a summary 
of  such  record  with  the  clerk  of  the  court  at  the  close  of  his  term 
of  service,  showing  in  detail  the  total  amount  of  water  distribut- 
ed to  each  water  user  during  such  season.  Thereupon  the  judge 
shall  make  an  order  apportioning  the  total  amount  of  the  fees 
and  compensation  allowed  to  such  commissioner,  and  charge  the 
same  proportionately  to  the  persons  using  w'ater  during  each 
season,  according  to  the  number  of  inches  of  water  used  by  such 
persons  ; and  said  water  commissioner  shall  also  file  a statement 
of  the  amount  necessarily  incurred  and  expended  by  him  in  the 
repair  of  any  water  ditches,  and  making  of  any  head  gates  or 
dams  necessary  for  the  distribution  of  such  waters,  and  which 
said  expense  shall  be  assessed  against  and  paid  by  the  party  or 
parties  for  whom  such  services  in  the  repair  of  such  ditch  or 


70 


MINING  LAWS 


ditches,  and  the  making  of  any  dams  or  head  gates  were  neces- 
sary. And  the  judge  shall  in  the  order  fixing  the  amount  to  be 
paid  by  each  water  user  also  fix  the  amount  to  be  paid  for  the 
services  and  expenses  last  herein  mentioned.  Upon  the  filing  of 
such  report  by  the  water  commissioner,  the  clerk  of  the  court, 
as  above  provided  for,  shall  notify  each  person  mentioned  in  such 
report,  by  mail,  that  objections  to  such  report  may  be  made  by 
any  persons  objecting  thereto  within  thirty  days  after  the  filing 
of  such  report,  and  unless  such  objections  are  filed,  the  report 
will  be  approved  by  the  judge  of  the  court.  At  any  time  during 
said  thirty  days,  any  person  objecting  to  such  report  may  make 
a motion  to  retax  such  costs,  and  the  judge  may  hear  and 
determine  such  motion  and  make  such  orders  in  reference  thereto 
as  in  the  re-taxation  of  costs  in  other  cases.  (Laws  of  1905, 
Chapter  64.) 

Section  4889.  Fees  and  Compensation.  At  the  time  of  the 
appointment  of  such  water  commissioner,  his  fees  and  compensa- 
tion must  be  fixed  by  an  order  of  the  judge  of  such  court,  and  the 
judge  may  also  allow  as  a charge,  any  expenses  necessarily 
incurred  by  said  water  commissioner  in  the  discharge  of  his 
duties,  in  the  employment  of  extra  labor  for  the  repair  of  dams, 
head  gates,  ditches  or  flumes,  when  immediate  action  is  neces- 
sary to  preserve  the  rights  of  the  parties  entitled  to  the  waters 
of  such  stream,  or  when  the  judge  has,  in  his  order  appointing 
such  commissioner,  required  such  commissioner  to  repair  ditches 
and  keep  in  repair  the  necessary  head  gates,  ditches 
or  flumes.  The  costs  thereof,  however,  shall  be  taxed  against 
the  party  or  parties  for  whose  benefit  the  same  were  incurred. 
(Laws  of  1905,  Chapter  64.) 

Section  4890.  Users  Must  Maintain  Head  Gates,  Etc.  All 

persons  using  water  under  a decree  from  any  stream  whereon  a 
water  commissioner  is  appointed,  shall  be  required  to  have  suit- 
able head  gates  at  the  point  wherein  a ditch  taps  a stream,  and 
shall  also,  at  some  suitable  place  on  the  ditch  and  as  near  the 
head  thereof  as  practicable,  place  and  maintain  a proper  measur- 
ing box,  weir  or  other  appliance  for  the  measurement  of  the 
waters  flowing  in  such  ditch.  In  case  any  person  or  persons 
shall  fail  to  place  or  maintain  a proper  measuring  appliance,  it 
shall  be  the  duty  of  such  water  commissioner  not  to  apportion  or 


STATE  OF  MONTANA. 


71 


distribute  any  water  through  said  ditch.  (Laws  of  1905,  Chapter 
64.) 


Chapter  4. 

Mining  Partnerships. 


Section  5535. 

5536. 

5537. 

5538. 

5539. 

5540. 

5541. 

5542. 

5543. 

5544. 


(Revised  Codes.) 

Definition. 

Express1  Agreement  not  Necessary. 

Profits  and  Losses,  How  Shared. 

Liens  of  Partners. 

Mine — 'Partnership  Property. 

Partnership  not  Dissolved  by  Sale  of  Interest. 
Purchaser  Takes  Subject  to  Liens. 

Takes  With  Notice  of  Lien,  When. 

How  Partnership  Bound. 

Owners  of  Majority  of  Shares  Govern. 


Section  5535.  Definition.  A mining  partnership  exists  when 
two  or  more  persons  who  own  or  acquire  a mining  claim  for  the 
purpose  of  working  it  and  extracting  the  mineral  therefrom, 
actually  engage  in  working  the  same. 

Section  5536.  Express  Agreement  Not  Necessary.  An 
express  agreement  to  become  partners  or  to  share  the  profits  and 
losses  of  mining,  is  not  necessary  to  the  formation  and  existence 
of  a mining  partnership.  The  relation  arises  from  the  owner- 
ship of  shares  or  interests  in  the  mine  and  working  the  same  for 
the  purpose  of  extracting  the  minerals  therefrom. 


Section  5537.  Profits  and  Losses,  How  Shared.  A member 
of  a mining  partnership  shares  in  the  profits  and  losses  thereof 
in  the  proportion  which  the  interest  or  share  he  owns  in  the 
mine  bears  to  the  w'hole  partnership  capital  or  whole  number  of 
shares. 


Section  5538.  Liens  of  Partners.  Ejach  member  of  a mining 
partnership  has  a lien  on  the  partnership  property  for  the  debts 
due  the  creditors  thereof,  and  for  money  advanced  by  him  for  its 
uses.  This  lien  exists  notwithstanding  there  is  an  agreement 
among  the  partners  that  it  must  not. 

Section  5539.  Mine  is  Partnership  Property.  The  mining 
ground  owned  and  worked  by  partners  in  mining,  whether  pur- 
chased with  partnership  funds  or  not,  is  partnership  property. 

Section  5540.  Partnership  Not  Dissolved  by  Sale  of  Interest. 


72 


MINING  LAWS 


One  of  the  partners  in  a mining  partnership  may  convey  his 
interest  in  the  mine  and  business  without  dissolving  the  partner- 
ship. The  purchaser,  from  the  date  of  his  purchase,  becomes  a 
member  of  the  partnership. 

Section  5541.  Purchaser  Takes  Subject  to  Liens.  A pur- 
chaser of  an  interest  in  the  mining  ground  of  a mining  partner- 
ship takes  it  subject  to  the  liens  existing  in  favor  of  the  partners 
for  debts  due  all  creditors  thereof,  or  advances  made  for  the 
benefit  of  the  partnership,  unless  he  purchased  in  good  faith,  for 
a valuable  consideration,  without  notice  of  such  lien. 

Section  5542.  Purchaser  Takes  With  Notice  of  Lien,  When. 
The  purchaser  of  the  interest  of  a partner  in  a mine  when  the 
partnership  is  engaged  in  working  it,  takes  with  notice  of  all 
liens  resulting  from  the  relation  of  the  partners  to  each  other, 
and  to  the  creditors  of  the  partnership. 

Section  5543.  How  Partnership  Bound.  No>  member  of  a 
mining  partnership  or  other  agent  or  manager  thereof  can,  by 
a contract  in  writing,  bind  the  partnership,  except  by  express 
authority  derived  from  the  members  thereof. 

Section  5544.  Majority  of  Shares  Governs.  The  decision  of 
the  members  owning  a majority  of  the  shares  or  interests  in  a 
mining  partnership  binds  it  in  the  conduct  of  its  business. 

Miners’,  Assayers’.  and  Mining  Engineers’,  Exemption  From 

Execution. 

(Revised  Codes.) 

Section  6825.  In  addition  to  the  property  mentioned  in  the 
preceding  section,  there  shall  be  exempt  to  all  judgment  debtors 
who  are  married,  or  who  are  heads  of  families  the  following  prop- 
erty: * * * To  a miner:  His  cabin  or  dwelling,  sluices  and 
thousand  dollars,  and  one  horse  or  mule  with  harness, 
and  food  for  such  horse  or  mule,  for  three  months  when  such 
horse  or  mule  is  used  in  working  his  mine  or  mining  claim. 

To  a * * mining  * * engineer : Instruments,  tools, 

books  and  records  necessary  to  carry  on  his  profession. 

To  an  * * * assayer:  The  tools,  instruments  and  sup- 

plies necessary  to  carry  on  his  profession. 


STATE  OF  MONTANA. 


73 


Liens  of  Mechanics  on  Mining  Property. 

(Revised  Codes.) 

Section  7290.  Every  mechanic,  miner,  machinist,  architect,  fore- 
man, engineer,  builder,  lumberman,  artisan,  workman,  laborer, 
and  any  person  performing  any  work  and  labor  upon,  or  furnish- 
ing any  material,  machinery  or  fixture  for  any  building,  structure, 
bridge,  flume,  canal,  ditch,  aqueduct,  mining  claim,  quartz  lode, 
tunnel,  city  or  town  lot,  farm,  ranch,  fence,  railroad,  telegraph, 
telephone,  electric  light,  gas  or  water  works  or  plant,  or  any  im- 
provements upon  complying  with  the  provisions  of  this  Chapter, 
for  his  work  or  labor  done,  or  material,  machinery  or  fixtures 
furnished,  has  a lien  upon  the  property  upon  which  the  work  or 
labor  is  done,  or  material  furnished. 

Fixtures  Attached  to  Mine. 

(Revised  Codes.) 

Section  4428.  Sluice  boxes,  flumes,  hose,  pipes,  railway  tracks, 
cars,  blacksmith  shops,  mills,  and  all  other  machinery  or  tools 
used  in  working  or  developing  a mine  are  to  be  deemed  affixed 
to  the  mine. 

Fraud  in  Selling  Mines,  Etc. 

(Revised  Codes.) 

Section  8692.  Use  of  False  Pretenses  in  Selling  Mines. 

8693.  Interference  With  Samples  for  Assay. 

8694.  Making  False  Samples  of  Ore. 

Section  8692.  False  Pretensions  in  Selling  Mines.  Every 
person  who,  with  intent  to  cheat,  wrong,  or  defraud,  places  in 
or  upon  any  mine  or  mining  claim  any  ores  or  specimens  of 
ores  not  extracted  therefrom,  or  exhibits  any  ore,  or  certificate 
of  assay  of  ore  not  extracted  therefrom,  for  the  purpose  of  sell- 
ing any  mine  or  mining  claim,  or  interest  therein,  or  who  obtains 
any  money  or  property  bv  any  such  false  pretenses  or  artifices, 
is  guilty  of  a felony. 

Section  8693.  Interference  With  Samples  for  Assay.  Every 
person  who  interferes  with,  or  in  any  manner  changes  samples 
of  ores  or  bullion  producing  for  sampling,  or  changes  or  alters 
samples  or  packages  of  ores  or  bullion  which  have  been  pur- 
chased for  assaying,  or  who  shall  change  or  alter  any  certificate 
of  sampling  or  assaying,  with  intent  to  cheat,  wrong,  or  defraud, 
is  guilty  of  a felony. 


74 


MINING  LAWS 


Section  8694.  Making  False  Samples  of  Ore.  Every  person 
who,  with  intent  to  cheat,  wrong,  or  defraud,  makes  or  publishes 
a false  sample  of  ore  or  bullion,  or  who  makes  or  publishes,  or 
causes  to  be  published  a false  assay  of  ore  or  bullion  is  guilty  of 
a felony. 

Destroying  Notices — Penalty. 

(Revised  Codes.) 

Section  8759.  Every  person  who  intentionally: 

1.  Defaces,  obliterates,  tears  down  or  destroys  any  copy  or 
transcript  or  extract  from  or  of  any  law  of  the  United  States  or 
of  this  State,  or  any  proclamation,  advertisement  or  notification 
set  up  at  any  place  in  this  State  by  authority  of  any  law  of  the 
United  States  or  of  this  State  or  by  order  of  any  court,  before  the 
expiration  of  the  time  for  which  the  same  was  to  remain  set  up ; 
or, 

2.  Defaces,  obliterates,  tears  or  destroys  any  notice  placed  01 
posted  on  a mining  claim,  or  removes  or  destroys  any  stake  or 
monument  placed  thereon  to  identify  it. 

Is  punishable  by  imprisonment  in  the  county  jail  not  exceed- 
ing three  months  or  by  a fine  not  exceeding  one  hundred  dollars, 
or  both. 


STATE  OF  MONTANA. 


75 


Opinion  of  Attorney  General  Relative  to  Duties  of  Mine 
Inspectors  in  Cases  of  Fatal  Accidents. 

Helena,  Mont.,  Dec.  ist,  1906. 

Mr.  J.  B.  McDermott,  Coal  Mine  Inspector,  Mr.  William  Walsh, 

Mine  Inspector,  Helena,  Mont. 

Gentlemen : 

Your  joint  letter  of  recent  date  received,  in  which  you  request 
an  opinion  of  this  office  as  to  the  duties  in  regard  to  cases  where 
fatal  accidents  occur  in  any  of  the  mines  under  your  respective 
jurisdictions,  and  also  as  to  the  duties  and  procedure  of  coroners 
and  acting  coroners  in  such  cases. 

Section  586  of  the  Political  Code,  as  amneded  by  the  laws  of 
1903,  page  181,  (Revised  Codes,  Section  1717),  in  defining  the 
duties  of  the  mine  inspector,  says : 

“Whenever  a serious  or  fatal  accident  occurs  in  any  mine  it 
is  the  duty  of  the  person  in  charge  thereof  to  immediately  notify 
the  Inspector  of  Mines  or  the  Deputy  Inspector,  and  upon  receiv- 
ing such  notice  the  inspector  in  person  or  the  deputy  inspector 
must  at  once  repair  to  the  place  of  accident  and  investigate  fully 
the  cause  of  such  accident,  and  whenever  possible  to  do  so  the 
inspector  or  deputy  inspector  shall  be  present  at  the  coroner’s 
inquest  held  over  the  remains  of  the  person  or  persons  killed  by 
such  accident,  and  testify  as  to  the  cause  thereof,  and  state 
whether,  in  his  opinion,  the  accident  was  due  to  the  negligence 
or  mismanagement  of  the  owner  or  person  in  charge.” 

Section  4 of  Senate  Bill  106,  Laws  of  1901,  page  64,  in  defining 
the  duties  of  the  Coal  Mine  Inspector,  says: 

“And  it  shall  further  be  the  duty  of  the  said  Coal  Mine 
Inspector  after  being  notified  by  a justice  of  the  peace,  or  cor- 
oner, in  the  district  where  accidents  may  occur  to  immediately 
investigate  the  same.” 

From  the  language  of  the  above  laws  it  is  apparent  that  the 
legislature  intended  that  said  mine  inspectors  would  make  per- 
sonal investigation  into  the  causes  of  death  in  mines  coming 
under  their  jurisdiction,  and  give  to  the  coroner  and  coroner’s 
jury  the  benefit  cwf  their  opinions  as  experts  upon  the  facts  found 
by  their  investigation. 

Said  section  586  as  amended  says : 

“When  possible  to  do  so,  the  inspector  or  deputy  inspector 
shall  be  present  at  the  coroner’s  inquest  held  over  the  remains 


76 


MINING  LAWS 


of  the  person  or  persons  killed  by  such  accident  and  testify  as 
to  the  cause  thereof.” 

If  the  location  of  the  mine  is  so  remote  from  the  office  of  the 
inspectors,  or  the  place  where  the  proper  inspector  may  be  then 
engaged  as  to  make  it  impossible  for  him  to  go  to  the  mine  and 
make  his  investigation  before  the  body  of  deceased  should  be 
interred,  then  and  in  that  event,  the  coroner  or  acting  coroner 
should  impanel  the  jury  and  after  they  have  inspected  the  body 
or  bodies,  he  should  not  conclude  the  taking  of  the  testimony 
and  submit  the  case  to  the  jury  until  such  time  as  the  proper 
mine  inspector  had  received  reasonable  notice  and  had  oppor- 
tunity to'  make  his  investigation  and  testify  before  the  jury. 

The  coroner  or  acting  coroner  has  the  right  after  having  had 
the  jury  inspect  the  body  or  bodies,  or  at  any  stage  of  the  pro- 
ceedings thereafter,  to  adjourn  the  inquest  to  some  future  date 
so  as  to  give  the  mine  inspector  time  to  go  to  the  place  of  the 
accident,  make  his  investigation  and  then  appear  before  the  jury 
and  give  his  testimony. 

In  our  opinion  this  procedure  should  be  followed  by  coroners 
and  acting  coroners  in  all  inquests  held  by  them  over  the  re- 
mains of  persons  killed  in  mines  coming  under  the  jurisdiction  of 
such  mine  inspector. 

Very  truly  yours, 

ALBERT  J.  GALEN, 

Attorney  General. 


I 


INDEX 


ACCIDENTS — Investigation  by  Inspector  pages  5.  75,  sec.  1717 

ASSAYS — False  Reports  page  74,  sec.  8694 

Interference  with  Samples  page  73,  sec.  8693 

BOARD  OF  EXAMINERS,  Candidates  for  Inspector  of  Coal  Mines — 

Application  for  Examination  page  20,  sec.  3 

Appointment  of  Board  pages  19,  22,  secs.  1,  10 

Appointment  for  Inspector,  who  ineligible  page  20,  sec.  4 

Candidates,  appointment  ...page  22,  sec.  9 

Compensation  and  Expenses  of  Board  page  21,  sec.  8 

Certificate  of  Fitness  page  21,  sec.  7 

Examination,  scope  page  19,  sec.  2 

May  adopt  Rules  page  22,  sec.  12 

Meetings,  oath  of  office  page  20,  sec.  6 

Vacancies,  how  filled  page  22,  sec.  13 

CAGES — See  Safety  Cages. 

CHECKWEIGHMAN  at  Coal  Mines  page  30,  sec.  1709 

CHILD  LABOR— Age  Certificate  page  41,  sec.  1749 

Employment  prohibited pages  40,  42,  secs.  1746,  1752 

Liability  of  parent  page  41,  sec.  1747 

Penalty  pages  42,  43,  secs.  1751,  1754 

Record  of  children  under  sixteen  page  41,  sec.  1748 

COAL  MINERS’  INSURANCE— 

Acceptance  of  benefit,  release  of  employer  page  37,  sec.  11 

Act  takes  effect,  when  page  38,  sec.  13 

Agents  of  companies  to  report  to  commissioner  of 

insurance  page  34,  sec.  3 

Annual  report  of  commissioner  page  36,  sec.  10 

Benefits  exempted,  non-assignable  / page  37,  sec.  11 

Claimant  refusing  to  submit  to  examination,  effect  page  36,  sec.  8 

Commissioner  to  issue  warrant  to  heirs  of  deceased page  34,  sec.  5 

To  receive  funds  and  pay  to  treasurer  page  34,  sec.  4 

Contract  waiving  provisions  of  Act,  unlawful  page  34,  sec.  3 

Fines,  payable  to  treasurer  to  credit  of  fund  page  34,  sec.  12 

Foreign  heirs  page  34,  sec.  5 

Fraudulent  claims,  duty  of  commissioner  page  36,  sec.  7 

How  fund  raised,  paid  to  commissioner  page  33,  sec.  2 

Investment  of  fund,  interest  page  34,  sec.  4 

Liability  of  sureties  of  treasurer  page  34,  sec.  4 

Monthly  payments,  applications,  certificate  of  physician  page  36,  sec.  7 

Redemption  by  lump  sum  page  36,  sec.  9 

Payment  of  death  claims,  to  whom  page  34,  sec.  5 

Permanent  injuries,  compensation  ...page  34,  sec.  5 

Powers  of  commissioner,  disputes,  settlement  ,.page  36,  sec.  10 

Suit,  forfeiture  of  benefits  page  37,  sec.  11 

To  whom  Act  applies  page  33,  sec.  1 

Violation  of  Act,  penalties  page  37,  sec.  12 

Warrants  to  draw  interest  page  36,  sec.  5 


COAL— Weight  of 


page  31,  sec.  2023 


COAL  MINING — Regulation  of 
Cages,  how  loaded  .... 


..pages  23-31,  secs.  1692-1710 
pages  28,  29,  secs.  1704,  1705 


78 


MINING  LAWS 


Checkweighman  

Depositing  slack  in  streams  

Escapes  

Explosive  gases  

False  weights  

Foremen,  incompetency 

Hoisting  from  and  lowering  into  mines. 
Inspector,  see  Inspector  of  Coal  Mines. 

Maps  

Penalties  

Signals  

Unlawful  working  of  mines 

Ventilation  

Ventilation  furnaces,  construction 

Washhouses  for  employes  


page  30,  sec.  1709 

page  32,  secs.  8557,  8558 

pages  24,  25,  secs.  1695,  1696 

page  26,  sec.  1699 

page  31,  sec.  1710 

page  27,  sec.  1701 

page  28,  sec.  1703 

.pages  23,  24,  secs.  1692,  1693 
pages  29,  33,  secs.  1706,  8559 

page  28,  sec.  1704 

page  26,  sec.  1700 

page  25,  secs.  1697,  1698 

page  27,  sec.  1702 

...page  30,  sec.  1708 


CODE  OF  SIGNALS 


pages  7,  8,  sec.  1712 


COMPANY  STORES — Payment  in  script  prohibited 

Violation  of  Act,  penalty  

DEPUTY  INSPECTOR  OF  M I N ES— Appointment  . 

Duties,  salary  

EIGHT  HOUR  LAW— Hoisting  engineers  

Miners  

Smeltermen  

Penalties  

EXEMPTIONS  FROM  EXECUTIONS— Miners,  etc. 


page  45,  sec.  1744 

page  46,  sec.  745 

page  3,  sec.  1712 

....page  3,  sec.  1712 

page  38,  sec.  1734 

page  39,  secs.  1736,  1739 
page  39,  secs.  1737,  1739 
.page  39,  secs.  1735,  1738 
page  72,  sec.  6825 


EXPLOSIVES — Regulation  of  sale 

Storage  in  cities  

Storage  in  mines  

Penalties  

EXTORTION  BY  FOREMAN  

FELLOW  SERVANT  LAW  

FIXTURES  TO  MINES  


page  12,  sec.  8545 

page  12,  sec.  8547 

page  12,  sec.  8546 

page  13,  secs.  8552,  8553 

page  44,  sec.  8678 

.page  43,  secs.  5246,  5248 
page  73,  sec.  4428 


FOREMEN — Extortion  by  page  44,  sec.  8678 

Witnesses  immune  page  44,  sec.  8679 

INSPECTOR  OF  COAL  MINES— 


Application  for  appointment  

Appointment,  examination  

Examination,  see  Board  of  Examiners. 

Ex-officio  sealer  of  weights  

Instruments  to  be  furnished  to  

Neglect  of  duty  

Not  to  be  employed  by  companies  

Powers  and  duties  

Qualifications  

Reappointment  not  prohibited  

Refusal  of  mine  owner  to  furnish  facilities 

Salary  • 

Temporary  vacancy,  how  filled  

To  post  statement  of  condition  of  mine  . . . 

Vacancy,  how  filled  

Violation  of  duty,  penalty  

Who  ineligible  


page  20,  sec.  3 

pages  19-22,  secs.  1-16 

page  17,  sec.  1687 

pages  16.  17,  secs.  1684,  1688 

page  18,  sec.  1690 

....page  15,  sec.  1683 

page  15,  sec.  1682 

page  14,  sec.  1680 

page  22,  sec.  11 

page  17,  sec.  1689 

page  15,  sec.  1681 

page  16,  sec.  1686 

page  16,  sec.  1685 

page  20,  sec.  5 

page  18,  sec.  1691 

page  20,  sec.  4 


INSPECTOR  OF  QUARTZ  MINES— 

Accidents,  duties  

Annual  inspection  

Annual  report  

Appointment  

Bond  . 


pages  5,  75,  sec. 

page  5,  sec. 

page  6,  sec. 

page  3,  sec. 

page  6,  sec. 


1717 
1716 
1719 
1711 

1718 


STATE  OF  MONTANA. 


79 


Duties  pages  4,  5,  secs.  1713-1717 

Preparation  of  code  of  signals  page  7,  sec.  1724 

Salary  page  3,  sec.  1711 

What  mines  to  be  inspected  page  6,  sec.  1720 

MECHANICS’  LIENS — On  mining  property  page  73,  sec.  7290 

MINERS — Protection  to  pages  9-13,  secs.  8536-8543 

Escapement  shaft  page  11,  sec.  8541 

Maintaining  building  near  mouth  of  shaft page  10,  sec.  8539 

Running  cage  at  excessive  speed  ...page  10,  sec.  8538 

Safety  cages  page  9,  sec.  8536 

Stoping  near  shaft  prohibited  , page  10,  sec.  8537 

To  what  mines  Act  applicable page  11,  sec.  8542 

Violation  of  Act,  penalties  page  10,  sec.  8540 

MINES — Fraud  in  selling  page  73,  sec.  8692 

MINING  CLAIMS — Amended  declaratory  statement  page  51,  sec.  2296 

Amended  locations  pages  49,  51,  secs.  2288,  2295 

Defective  location,  good  as  against  third  person page  50,  sec.  2293 

Discovery,  requirements  page  46,  sec.  2283 

Effect  of  patent  page  51,  sec.  2294 

Location  notice,  record  page  48,  sec.  2284 

Mill  sites  page  49,  sec.  2285 

Official  survey,  certificate  page  52,  sec.  3616 

State  lands,  see  State  Mineral  Lands. 

Relocation  , page  49,  sec.  2286 

Relocation  by  owner  page  50,  sec.  2289 

Relocation,  not  waiver  of  rights  page  50,  sec.  2290 

Representation  work  page  52,  sec.  3614 

Rights  of  relocator  page  49,  sec.  2287 

MINING  PARTNERSHIPS— Definition  page  71,  sec.  5535 

Express  agreement  not  necessary page  71,  sec.  5536 

How  bound  page  72,  sec.  5543 

Liens  of  partners  page  71,  sec.  5538 

Majority  of  shares  govern  page  72,  sec.  5544 

Mine,  partnership  property  page  71,  sec.  5639 

Profits  and  losses,  how  shared  page  71,  sec.  5h37 

Purchaser  takes  subject  to  liens  page  72,  secs.  5541,  5542 

Sale  of  interest,  effect  page  71,  sec.  5540 

NOTICES — Destroying  prohibited  page  74,  sec.  8759 

PERSONAL  INJURIES  pages  43,  44,  secs.  5246-5250 

SAFETY  CAGES — How  constructed page  9,  sec.  8536 


STATE  MINERAL  LANDS — Coal  lands,  what  deemed  page  53,  sec.  28 

Location  of  mining  claims  page  54,  sec.  71 

Proof  of  mineral  character  page  53,  sec.  72 

Rental  of  coal  lands  page  54,  sec.  70 

Sale,  reservation  of  coal,  etc page  54,  sec.  34 

Valuable  for  stone  page  55,  sec.  73 


WATER  COMMISSIONERS— Appointment  page  68,  sec.  4884 

Duty  of  water  users  page  70,  sec.  4890 

Fees  and  compensation  page  70,  sec.  4889 

Objection  to  award  page  68,  sec.  4887 

Record,  expenditures  page  69,  sec.  4888 


WATER  RIGHTS — Appropriations  page  57,  secs.  4840,  4841 

Appropriation,  failure  to  comply  with  law page  58,  sec.  4849 

Appropriation  from  adjudicated  streams. ..  .pages  64-68,  secs.  4871-4880 

Appropriation  subject  to  prior  decrees  page  64.  secs.  4868-4870 

Dams,  construction  , page  62,  secs.  4864,  4865 

Dams,  right  to  construct  page  60,  sec.  4857 

Declaration  notice,  record  page  59,  sec.  4853 


80 


MINING  LAWS 


Diligence  in  appropriating  . page  58,  sec. 

Effect  of  decree  page  83,  sec. 

First  in  time,  first  in  right page  58,  sec. 

Highways  to  be  protected  page  61,  secs.  4858, 

Measurement  of  water  page  60,  sec. 

Miners’  inch  page  60,  sec. 

Notice  of  appropriation  page  58,  sec. 

Owners  may  sell  surplus  page  61,  sec. 

Point  of  diversion  may  be  changed  page  57,  sec. 

Recapture  of  water  r.  ..page  57,  sec. 

Record  of  declaration  page  59,  sec. 

Record,  prima  facie  evidence page  59,  sec. 

Rights  settled  in  one  action page  59,  sec. 

Surplus,  enforcement  of  right  to  page  62,  sec. 

Purchaser  cannot  sell page  62,  sec. 

Purchaser  to  dig  ditches  page  61,  sec. 

To  be  returned  to  stream  page  57,  sec. 

Survey  of  ditches  page  62,  sec. 


4848 

4867 

4845 

4859 

4854 

4855 
4847 

4860 

4842 

4843 
4950 

4851 

4852 

4862 

4863 

4861 

4844 
4866 


THE  LIBRARY  OF  THE 

.Tl  2 81939 


UNIVERSITY  CF  ILLINOIS 


UNIVERSITY  OF  ILLINOIS-URBANA 


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